


LIBRAR’. OF CONGRESS. 


©|ap..©opprigl/t Ifo... 


UNITED STATES OF AMERICA. 



































A TREATISE 


CIVIL GOVERNMENT 

AND 

THE CIVIL SYSTEM OF MISSOURI. 


DESIGNED ESPECIALLY FOR USE IN THE SCHOOLS 

OF MISSOURI. 


J a 

V*: 


r S> / by 

RICHARD D. SHANNON, A.M., M. D., 

STATE SUPERINTENDENT OF PUBLIC SCHOOLS. 



D. APPLETON AND COMPANY, 
1, 3, and 5 BOND STREET. 

1882. 







/ 

& 


COPYRIGHT BY 

D. APPLETON AND COMPANY, 

18S2. 


a. 


TO 


GOY. JOHN S. PHELPS, 

WHO HAS MANIFESTED MUCH INTEREST IN THE PREPARATION OF SUCH 
A WORK FOR MISSOURI SCHOOLS; 

AND TO 

nON. SILAS WOODSON, Ex-Gov., 

TO WHOM I OWE A LARGER DEBT OF GRATITUDE THAN TO ANY OTHER MAN 

LIVING, 

BOTH OF WHOM 

ARE LAWYERS OF ABILITY AND EMINENT REPUTE, 

THOROUGHLY TRAINED IN THE SCIENCE OF GOVERNMENT, 

FAMILIAR WITH AMERICAN HISTORY AND REPUBLICAN INSTITUTIONS, 
STATESMEN IN THE FULLEST SENSE, 

FRIENDS AND ADVOCATES OF GENERAL INTELLIGENCE, 

AND TnE PATRONS OF EDUCATION, 

THIS BOOK, 

WHICH IS DEDICATED TO THE CAUSE OF PUBLIC EDUCATION, 

MORE ESPECIALLY IN THE STATE OF MISSOURI, 

$3 gUspetifuIIn 

AS A TOKEN OF ESTEEM AND A MARK OF APPRECIATION 
FOR THEIR PERSONAL FRIENDSHIP, 

By tub AUTHOR. 


Jefferson City, Mo., December , 1880, 








INTRODUCTION. 


REASONS FOR THE APPEARANCE OF THIS BOOK. 

There is a peculiar appropriateness in the American 
claim for the advantages of universal education. It is 
interwoven and blended with, and is inseparable from, 
the theory and nature of our government. 

We present to the world the most thorough and 
complete system of representative and republican insti¬ 
tutions ever seen. We say that the citizen is the sov¬ 
ereign ; and the sequence of this proposition is, he must 
understand the duties of his office as ruler, he must be 
able to rule intelligently. 

Hence the law governing public education has al¬ 
ways recognized “ civil government ” as a study of pri¬ 
mary importance. Indeed, no advocacy of public schools 
is ever disassociated from the claim that education of 
the masses is a governmental necessity. Yet, strange as 
it may seem to those who have not investigated the 
matter, it is true that no other study is so much neg¬ 
lected. No other subject is so little understood. There 
is a reason for this ; and that reason has caused the 
preparation of this work. 


6 


INTRODUCTION. 


President Andrews, of Marietta (Ohio) College, says, 
in his “ Manual of the Constitution of the United 
States,” “ Until within the last few years, Americans 
have been lamentably ignorant of their national govern¬ 
ment, both as to its history and its operation.” The 
Rev. James E. Latimer, in his introduction to Town¬ 
send’s “Analysis of Civil Government,” speaks of remov¬ 
ing “the popular ignorance regarding our institutions 
too long prevalent in this country.” In the preface to 
Young’s “ Civil Government,” the author declares, “ Our 
country presents the strange inconsistency of expending 
millions every year in the education of its youth, with 
a view, professedly, to the safety of our free institutions, 
and yet allowing the schools to turn the mass of these 
young citizens upon the community without a day’s in¬ 
struction in the principles of that government in which 
they are to take a part ! ” 

The ignorance of our people in reference to govern¬ 
mental affairs is truly surprising, and has been noticed 
by every one who has had occasion to look into the 
matter. The author of this work was startled four years 
ago over the discovery of a lack of familiarity with the 
subject, general with the teachers of the district schools. 
The investigation awakened by the discovery convinced 
him that the fact was due to the methods of the text¬ 
books—that authors, with scarcely an exception, devoted 
their energies to the aid of advanced students, and fur¬ 
nished dissertations on the Federal system only. While 
these productions were admirable, and well adapted to 
the purpose had in view, they were not suited to ele- 


INTRODUCTION. 


7 


mentary- work, and their introduction into primary schools 
was not in accord with the theories generally accepted 
as to the natural and rational order of studies. 

Whatever may be thought of the relative importance 
of our obligations, as between the State and the Federal 
government, it is notorious that any citizen in private 
life has a greater number of obligations to the State than 
to the general government. It is true that a vast ma¬ 
jority of citizens have never any direct contact with the 
general government—our system is not constructed upon 
the supposition that they wall have—but all have more 
or less of daily contact with the State government, in 
some feature of its ramifications through society. 

It would seem, then, that we should impart a knowl¬ 
edge of that which most directly and immediately con¬ 
cerns the citizen first, and thereby awaken in him an 
interest in that which no less, but in fact more remote¬ 
ly and indirectly, affects his daily life. If we would 
educate for citizenship, it is essential to our purpose 
that we instruct the pupil in all his political relations, 
obligations, and rights—State and national. Failure of 
efforts to teach the latter is chiefly due to a neglect of 
the former. 

The present essay was inspired by no ambition to 
improve the work of able authors, but to supplement 
and simplify that work—to do that which has hitherto 
been left undone, and which is deemed very important. 
It is especially designed to be a text-book for Missouri 
schools. The responsibility of training citizens rests upon 
the State. She undertakes to discharge the obligation, 


8 


INTRODUCTION. 


and the author has aimed to render her valuable assist¬ 
ance. 

BRIEF REFERENCE TO THE PLAN OF THE WORK. 

In the outset it was aimed to leave nothing unsaid 
which would strengthen the view taken of government, 
even at the risk of seeming merely to repeat what had 
already been said. In such repetition the author had a 
motive which he hopes will be detected by every stu¬ 
dent, .and he aimed to add something to the force of 
his argument by each. 

The next step was the effort to fix clearly, and for 
all time, in the mind of the pupil, the reason and neces¬ 
sity for government—its objects, advantages, and powers 
—and thus lead him to entertain for it a respect that 
would cause an observance of its requirements, and a 
support of its institutions. 

Following the discussion of government, law, and the 
citizen’s relation to them, comes just enough of United 
States and State history to get before the mind a satis¬ 
factory idea of the political and governmental relations 
of Missouri, whose frame-work, institutions, and author¬ 
ity are to be fully presented in succeeding chapters. 

A leading purpose of the book is to present the 
frame - work of the State government simply, without 
theorizing or discussion as to the value, importance, or 
wisdom of its arrangement or provisions, and with few 
explanations. This is intended as an elementary work 
(for elementary work is precisely the one thing now 
needed on this subject in our schools), and hence to 


INTRODUCTION. 


9 


teacli facts. To teach them effectively, it is only neces¬ 
sary to present them. 

It will he observed that the discussion of the neces¬ 
sity for government, and the nature of that necessity 
(Chapters II and III), is argumentative rather than di¬ 
dactic. The reason is, that the author believes that the 
theory advanced, while accepted by ever} 7 - thoughtful 
man, and certainly not new, has never been presented so 
fully and positively in any text-book at all serviceable 
in the public schools ; and yet that there is a present, 
pressing, and grave necessity for placing government in 
its true light before the minds of American youth. 

The year 1877 taught three lessons, full of warning. 
We can not be in too great haste or too diligent to 
forestall and prevent what they foretell. They were : 

First. “ Communism ” boldly unmasked itself, and 
taught us, with taunts and threats, that it could find 
hurtful encouragement and aid on American soil. 

Second. This lesson produced a dangerous dalliance 
with the military power, and taught us that there existed 
a surprising and servile reliance by many, in authority 
and in private station, on the soldiery to protect, when 
the civil authorities should have been (if there is virtue 
in republican government) all-powerful to crush the life 
out of the hydra-headed monster instantly. 

Third. The most surprising and humiliating lesson 
taught was in the number of persons in the higher 
walks of life, and prominent in society, ready to apolo¬ 
gize for the demonstrations of mobs, and to excuse and 
palliate their crimes. 


10 


INTRODUCTION. 


Such lessons would not have been possible, if a 
proper appreciation of government and a due regard for 
law had been as general as it should be, and as is neces¬ 
sary to the life of republican institutions. The author 
could not pass lightly over the subject. He felt com¬ 
pelled to insist that the only hope of the peaceful enjoy¬ 
ment of the dearest rights and liberties depends upon 
a reverential regard for law, and a vigilant, deathless 
defense of government. 

For two reasons no apology is necessary for the ap¬ 
pearance of another work on civil government, nor would 
one be appropriate : First, the new field occupied has 
been wholly neglected ; second, the author knows it will 
be valuable to Missouri schools, and for them it has 
been prepared. 


CONTENTS 


PAGE 

Introduction .... k 

PART I. 

GOVERNMENT AND LAW. 

Chap. I.—Government . . . . . . 17 

II.—Necessity for Government . . . . .21 

III. —The Nature of the Necessity for Government . . 25 

IV. —The Beginning of Human Government . . .29 

V.—Analysis . . . . . . 31 

VI.—Limited Powers of Government . . . .33 

VII.—Taxation . . . . . . 37 

VIII.—A Republic . . . . . . .41 

IX.—Review Questions ..... 45 

X.—Law . ....... 50 

XI.—The Nature of Law . . . . . 55 

£ 

XII.—Method of administering Popular Government . . 60 

Analysis.—How the People govern ... 64 

XIII. —Suffrage . . . . . . .66 

XIV. —The Relations sustained between Different Governments 1 4 . 

XV.—Review Questions . . . . .81 




12 


CONTENTS. 


PART II. 

BRIEF HISTORY OF THE UNITED STATES , AND OF 

STATE OF MISSOURI 

Chap. I.—The Progress of One Hundred Years 

II.—Discoveries and Settlements .... 

III. —Character of Government in the Colonies and after Separa¬ 

tion ....... 

IV. —Provisions of the National Constitution affecting the Erec¬ 

tion and Government of States . 

V.—Missouri—Admission into the Union 

VI.—Review Questions ..... 

PART III. 

THE CIVIL SYSTEM OF MISSOURI ,, 1881. 

Chap. I.—Introductory and General Propositions 

II.—Organic Law less liable to Change than Statute Law.— 
Changes of the State Constitution 

III. —Constitution ...... 

IV. —Synopsis and Review . . 

V. —Review Questions ... . 

VI.—State Officers ...... 

VII.—Territorial Divisions of the State .... 

VIII.—Political Divisions of the State 

IX.—Municipal and other Corporations .... 

X.—School Districts . . . * . 

XI.—Villages, Towns, and Cities .... 

XII.—Counties ...... 

XIII. —Miscellany ....... 

XIV. —Review Questions ..... 


THE 

page 

91 

94 

99 

107 

110 

114 


121 

125 

131 

193 

238 

251 

258 

264 

272 

278 

285 

305 

311 

315 


CONTENTS. 


13 


PART IV. 


PROGRESS OF THE UNITED STATES FROM THE CONDITION 
OF COLONIES TO THAT OF AN INDEPENDENT GOVERN¬ 


MENT ; 177If- TO 1789. 

PAGE 

Chap. I.—Declaration of Rights ..... 329 

Analysis of the Declaration of Rights . . 333 

II.—Declaration of Independence .... 339 

Analysis of the Declaration of Independence . 343 

III.—Articles of Confederation ..... 346 


Analysis of the Articles of Confederation and the Con¬ 
stitution of the United States 

IY.—Constitution of the United States . 

Amendments to the Constitution 

Y.—Review Questions 


354 

360 

372 

377 







































































PART I. 


GOVERNMENT AND LAW. 


Chap. I. —Government. 

II. —Necessity for Government. 

III. —Nature of that Necessity. 

IV. —Beginning- of Human Governments. 

V. —Analysis of Preceding Chapters. 

VI. —Limited Powers of Government. 

VII. —Taxation. 

VIII. — A Republic. 

IX. —Review Questions. 

X.—Law. 

XI. —The Nature of Law. 

XII. —Method of administering Popular Government. 

XIII. —Suffrage. 

XIV. —The Relations sustained between Different Gov¬ 

ernments. 

XV. —Review Questions. 







CHAPTER I. 


GO VERNMENT. 

1. The primary or first meaning of the word “govern” 
is controlling force, or the exercise of sufficient power to 
compel obedience or submission by the weaker to the will 
of the stronger. When a man fastens on a wild beast 
chains which its strength can not break, and punishes it 
when it undertakes to do injury to its captor, until it be¬ 
comes afraid of him and is submissive, the man governs the 
beast. Yet this tame submission is not all we mean by the 
wmrd “govern.” If the beast possesses sufficient intelli¬ 
gence to understand commands given, or signs made to it, 
as many dogs do—so that it performs the acts or services 
required of it—it is governed, in the complete sense of the 
word. In other words, government in its purest sense con¬ 
sists in, first, failure of the subject to resist the power exer¬ 
cised ; and, second, compliance with the known will of the 
one exercising that power. 

2. But power, in a physical sense, is not the only means 
of control. Other influences are brought to bear to direct 
the conduct and secure desired results. 

3. A man’s disposition, or his moral nature, often directs 
his actions and course of life, and he is said to be governed 
thereby. The child is governed when its love for its par¬ 
ents prevents it from doing that which it knows will offend, 
although it has no fear of corporal punishment. The Church 
governs without the use of, or the power to use, physical 


18 


GOVERNMENT AND LAW. 


force. A kind heart and sympathy for misfortune and sor¬ 
row often govern men’s daily life and make them charita¬ 
ble. Hence, the word “ govern ” loses somewhat of the 
harsher idea of force, and means, in an applied or second¬ 
ary sense, guidance, direction, or control. 

4. Generally, to govern, is to use any influences, or 
power, sufficient to secure or compel certain results which 
the governor desires ; and government includes both the 
exercise of the power and its consequence—the expression 
of will and compliance with it—command and obedience. 

5. Thus far we have been considering forces in operation 
—government in its activity ; but the word “ government ” 
is most frequently used to describe the instrument through 
which the forces act, or the power is exercised. It is most 
frequently used to signify the means or instrumentality by 
which the governing is done, rather than the operation and 
results of governing. To illustrate, when we speak of the 
State government, we do not mean the acts done by private 
citizens and officials in obedience to law ; but the organiza¬ 
tion by which the power to produce these acts is exer¬ 
cised—namely, the legislative, executive, and judicial de¬ 
partments of government. 

6. Government, then, may be defined to be an organiza¬ 
tion for the exercise of authority—such as the family, the 
church, and the state. 

7. Governments differ in character and purpose, and are 
named from the kind of authority exercised, or the method 
by which their subjects are controlled. 

8. When authority is lodged in one person only, the 
government is a monarchy. The ruler is variously styled, 
as King, Emperor, Czar, etc. If the ruler’s power is su¬ 
preme and unlimited, his government is autocratic, and is 
usually styled an absolute monarchy. 

9. When the power of government is exercised in the 
name of one person, and greater authority is lodged in the 


GOVERNMENT. 


19 


executive Lead (sometimes composed of several persons) 
than elsewhere, the term “ limited monarchy ” is used. 

10. Literally, the expression “ limited monarchy ” is in¬ 
correct. The word “monarchy” signifies a single ruler— 
one ruler only—that is, one person who is the only source 
of authority, or law, and consequently without restriction 
or limit. Such governments were common in earlier pe¬ 
riods, but they are few now, and are gradually and con¬ 
stantly giving way to popular ideas. 

11. A government in which the power is exercised by 
privileged classes—the nobility—is called an aristocracy. 

12. The three kinds of government above described be- . 
long to one class—that in w T hich certain prerogatives, privi¬ 
leges, and powers (for the most part not delegated) belong 
to and are exercised by one person, or a few individuals. 

13. Another class of government is that in which the 
rulers are merely the representatives of the whole people, 
and only exercise that power over the individual subject 
which has been delegated by the mass. To this second 
class belong democracies and republics. These forms will 
be explained in another chapter. 

14. Sometimes a condition of society exists improperly 
considered a form of government, and called a “ commune,” 
or “ communism.” It is a state of disorder that finds con¬ 
genial soil in revolution, and is antagonistic to the princi¬ 
ples on which government is based. A literal commune, as 
a form of government, is an impossibility. This subject 
wfill be further discussed in the next chapter. 

15. We have still another division of government into 
military and civil, and both forms are used in each of the 
two classes of government already described. The former 
derives its name from a Latin word (miles) meaning a sol¬ 
dier ; the latter from another Latin word (civis) meaning a 
citizen. 

16. Military government implies absolute physical force 


20 


GOVERNMENT AND LAW. 


(dormant or active), and is the power of final resort by civil 
government to assert its supremacy and maintain its au¬ 
thority. Military power is used for the subjugation of 
those who refuse to recognize and obey the authority of 
the existing civil government, where the civil authority 
fails. 

17. Civil government is that form of authority estab¬ 
lished for and exercised over the citizen, in an individual 
or collective capacity. A citizen is one of a “ whole body 
of people united under one government,” who recognizes 
and obeys the laws of that government, and enjoys the 
protection it affords and the privileges it grants. Now, 
since in a representative government the rulers exercise 
only such authority as is conferred upon them, it follows 
that, so long as a majority acquiesce in the established forms 
and obey the laws, no force is needed to secure obedience 
by them—it is already rendered. If force is used against 
the majority in a representative government, the govern¬ 
ment itself is revolutionized and overturned, and becomes 
a despotism. 

18. Hence it follows that in such a government the 
military must always be subordinate to the civil power. 
It is only an instrument or agency which the civil power 
uses when every other means fails. In the nature of the 
case it can not be otherwise. 

19. Military power, representing force, is necessarily ar¬ 
bitrary and dangerous, except under absolute control of 
the civil; and when the civil authority gives way to it— 
ceases to direct and control it, simply for its own supremacy 

tyranny is established, and civil rights and liberty perish. 

20. All civil governments maintain a military estab¬ 
lishment that is, they either maintain an organized and 
drilled army, or provide by law for calling one into exist¬ 
ence in certain emergencies, and keep the nucleus of an 
army. 


NECESSITY FOR GOVERNMENT. 


21 


21. In all forms of government the military is used to 
resist foreign encroachments, and frequently for conquest. 
In monarchies or aristocracies, it is relied upon, and may 
be used, by the minority (the rulers) to control the ma¬ 
jority ; in a representative or free government, only by 
the majority, and not at its will, but under prescribed 
conditions. Herein is one of the chief distinguishing char¬ 
acteristics of the two classes of government. 

22. Every treatise upon the subject of civil govern¬ 
ment should discuss military government also, but only as 
an appendage to, or resource of, government, fashioned and 
controlled by, and kept in entire subjection to, the civil 
authorities. 


CHAPTER II. 

NECESSITY FOR GOVERNMENT. 

1. In the preceding chapter we have seen what govern¬ 
ment is, and distinguished between the different forms ex¬ 
isting in different countries. It was seen that the word 
conveyed the idea of an overruling, guiding, and control¬ 
ling power, which caused us to do that which w T e would 
not do from choice ; that it signifies compulsion. Compul¬ 
sion is never pleasant or agreeable. It would be a contra¬ 
diction in terms, and a solecism, to claim otherwise. 

2. The question naturally arises, therefore, Why are we 
governed ? especially, Why do we participate in the estab¬ 
lishment of government and assist to maintain it ? Men 
contribute their means to sustain their government and de¬ 
fend it with their lives. Ho greater sacrifice by the indi¬ 
vidual is possible. Such sacrifices are altogether inconsist¬ 
ent with the idea that they are made for the purpose of 
subjecting the man, or those w T ho are his friends and kin- 




22 


GOVERNMENT AND LAW. 


dred, to that which it is unpleasant to bear. It is, perhaps, 
possible that a depraved and malicious nature might endure 
great personal affliction and loss, or even suffer death, for 
purposes of revenge or hate, but it is not a human trait to 
make sacrifices, except for some good more valuable than 
that which was spent to procure it; and men do not act, 
as a rule, under vicious impulses. 

3. Then it follows that men establish, endure, and main¬ 
tain government for some good to result from it greater 
than the sacrifices required. What is that good ? 

4. It is said that man has a social disposition ; and the 
impression is created that, since his inclinations lead him 
into society, an organization of that society by rules which 
all must obey is necessary to the mutual enjoyment of the 
community and his own happiness. Hence, that govern¬ 
ment originates in man’s social nature, and is a convenience 
to his social state. 

5. The objections to this view are, that it proceeds upon 
a false hypothesis. Government, abstractly considered, is 
not a social convenience, but the reverse. Restraint can 
not be convenience. It is an inconvenience endured for 
the puiq>ose of preventing greater inconvenience and suf¬ 
fering. It is unquestionably true that the restraints of 
society and of law result in social conveniences and in hap¬ 
piness ; but the view to which objection is made confounds 
effect with cause. That which produces a result is not 
itself the resultant. 

6. Again, this view is not sufficiently exhaustive in the 
reason assigned for the organization of society. Man’s 
disposition or inclination is not alone sufficient to lead him 
into communities and keep him there by the organization 
of society. Were this the only or controlling motive, his 
selfishness would cause him to break away from society 
when he was first called upon to bear its burdens. 

7. Lastly, such an impression of the causes which have 


NECESSITY FOR GOVERNMENT. 


23 


led to the organization of society, the establishment of gov¬ 
ernment, and the maintenance of law, is, for the reason just 
suggested, extremely pernicious. It tends to diminish re¬ 
gard for law, and loosens the bands of obligation which we 
feel to rest under to government. 

8. We may make government convenient, and a con¬ 
tributor to our happiness, but Nature has decreed it a ne¬ 
cessity , and the Lord of Nature has made it indispensable, 
lie has placed the human family under a law which no 
power on earth can repeal, alter, or amend, and whose force 
time can not impair. He has made the law indelible and 
irrefragable by writing it on the materials out of which our 
natures are constructed. In obedience to this changeless 
law of nature, we govern and are governed. 

9. Let it be understood, then, that government is an 
uncompromising, absolute, and unending necessity while 
human beings people the earth ; and that any denial or 
abridgment of its legitimate authority, or interference with 
the principles upon which it is founded, is followed by a 
corresponding weakening of its power for protection, and 
to conserve man’s highest good. 

10. Let communism be tested by these principles, and 
moral sentiment will turn away from it with loathing. The 
frame-work of government was erected as a city of refuge 
for human rights when assailed. Its laws, which are its 
towers and battlements, have been framed without refer¬ 
ence to individual preferences and whims, but with regard 
to common interests and the good of all the community. 
Its exact location must be fixed, its dimensions ample and 
invariable, and its strength that of an impregnable fortress. 
If it fail to fulfill all these conditions, it is useless. 

11. The existence of law presupposes the fixing of limits 
for the conduct of the governed—presupposes the granting 
of privileges common to all, and protection in their enjoy¬ 
ment—presupposes the withholding of license to act as the 


24 


GOVERNMENT AND LAW. 


individual might choose, without regard to another’s rights 
and privileges. 

12. Under all governments some persons will utilize the 
privileges granted to their own profit; others will neglect 
to do so, and will waste their opportunities as the imbecile 
or profligate squanders his patrimony. The first will accu¬ 
mulate property, and the second almost invariably covets 
it. Now let the law under which the property accumulated 
be waived to accommodate the individual who covets ; 
under what circumstances shall it not be waived ? If for 
one, why not for all? If once, why not at every other 
time when it interferes with the gratification of personal 
desires ? Thus there would be no restraint, the edicts and 
guarantees of pretended government would become absolute 
nullities, and society would resolve itself into that state of 
barbarism in which brute force is the only arbiter in dis¬ 
putes and differences of desire or interests. 

13. Such would be the inevitable effect of communism. 
It is a noxious and deadly exhalation from the groveling 
depths of human ignorance, selfishness, and depravity. It 
would subvert law and order, destroy peace and prosperity, 
banish justice and liberty, and extinguish the thought of 
personal safety. It would lead to social anarchy, and is a 
heinous social crime. 

14. The nearest approach to a successful commune, and 
one least attended with its evil consequences, has been a 
religious society ; but time has proved the impossibility of 
its existence as a commune. The most complete exemplifi¬ 
cation of its ruinous and blighting effects is seen in the 
debauchery and terrible crimes of the miscreants of French 
revolution. 

15. Following this conclusion is the natural desire to 
understand as much as possible of that from which we can 
not escape or absolve ourselves. If we are to assist in 
framing government, and must contribute to its support, 


THE NATURE OF THE NECESSITY FOR GOVERNMENT. 25 


we should familiarize ourselves with its aims, so that we 
may determine the best means to adopt for the promotion 
of its objects. 


CHAPTER III. 

THE NATURE OF THE NECESSITY FOR GOVERNMENT. 

1. In pursuing the investigation suggested in the fore¬ 
going chapter, we wish to determine the precise nature of 
the necessity for government. 

2. If men prefer a social state and choose to live in 
communities, fixed rules are necessary to govern their con¬ 
duct and intercourse. Without them the contact of dif¬ 
ferent dispositions, the indulgence of diverse desires and 
totally different habits, would result in irregularities of con¬ 
duct, clashing of individual interests, and confusion, wholly 
subversive of the objects of society. But, if we assume 
that men can live out of society (and we must so assume 
if it be admitted that the sole or chief object of the com¬ 
munity is social gratification), government is not a necessity. 
Man could withdraw from society at pleasure. When the 
restraint of rules counterbalanced the pleasure derived from 
entire freedom of action, he would naturally withdraw from 
the restraint. 

3. The possession of property and the power to dispose 
of it is necessary to man’s comfort, and he possesses a right 
to it. But ownership in it can not be maintained against 
the rapacity of his fellow-man, without the aid and pro¬ 
tection of organized society. Government, therefore, is a 
necessity to this end. 

4. The necessity for government extends even further 
than this. It is established for the protection of man’s life. 
He could not exist without it. It is impossible for any 

2 


/ 




26 


GOVERNMENT AND LAW. 


government to secure certain protection of property or of 
life against human violence to its members or subjects. 
Thefts, assassinations, and murders are frequent in the 
most carefully organized and guarded society, and before 
the eyes of the best-regulated government. History has 
demonstrated that human wisdom and man’s ingenuity are 
incapable of devising a form of government which will en¬ 
tirely protect against these dangers, and we are left to 
infer what would be the terrible consequences if the power 
of government were withdrawn and its restraints removed ; 
if the individual were isolated, and left to his own resources 
alone for protection. 

5. We conclude, therefore, in brief, that the existence 
and maintenance of government is an absolute necessity : 
first, to the security of human life ; second, to the protec¬ 
tion of property rights ; and, third, as a consequence, to 
man’s well-being and happiness. 

6. Were this fact generally recognized and fully appre¬ 
ciated, it would induce a great reverence for law, be fol¬ 
lowed by less of a disposition in the community to escape 
from the burdens of government, and cause us to submit 
more cheerfully to its exactions. Daily contact with so¬ 
ciety justifies the belief that few men appreciate the full 
extent of their obligations to government. In their man¬ 
ner and speech they seem to assume that, for every service 
rendered, the government owes them a debt of gratitude, 
and that every exaction to which they submit is a needless 
oppression ; whereas every article of property possessed, 
and every right enjoyed, is held and exercised only by vir¬ 
tue of the existence of that government, and would be 
valueless without it. 

7. Again, if men, recognizing their obligations, dis¬ 
charged them promptly and fully, the exactions of govern¬ 
ment would necessarily decrease, and its burdens become 
less. 


THE NATURE OF THE NECESSITY FOR GOVERNMENT. 27 

8 . In denying that man’s love of intercourse is sufficient 
to draw him into society and to keep him there under the 
restraint of rules or law, it is not denied that he has a social 
nature. Indeed, that nature is a valuable adjunct to soci¬ 
ety in the enforcement of its laws. On the other hand, he 
is so endowed by nature that his presence in and contact 
with society cultivates, ennobles, and greatly increases that 
social disposition. So well marked and strong does it be¬ 
come, and so well does he guard it by rigid rules of deco¬ 
rum, that men mistake it for the governing passion, and 
assign it as a reason for the existence of government. But 
this is a conclusion without legitimate premises. 

9. The mistake lies in a failure to discriminate between 
a mere incident and its attendant circumstances—between 
an attribute of man’s nature which is embellished and dis¬ 
played by society, and the organization in which it is promi¬ 
nent, and without whose existence it could not be recog¬ 
nized. 

10. But it is evident, upon reflection, that greater inter¬ 
ests than social enjoyment are involved, and supply the 
reason for governmental control. It is repeated that the 
security of property and life depend upon it; that man can 
not live out of society. The extreme penalties of the law— 
deprivation of personal liberty and forfeiture of life—clear¬ 
ly indicate the reason for the existence of government, and 
demonstrate its necessity. 

11. The inference that the restraints of government are 
indispensable may be reached in another way. Man’s con¬ 
dition is such that it is necessary for him to provide to-day 
for the contingencies and necessities of to-morrow. This 
necessity begets another—the acquirement and accumula¬ 
tion of property. Out of this necessity, and the pleasure 
derived from providing for it, spring avarice and covetous¬ 
ness. Self-interest is always a strong and frequently a 
ruling passion of action with him. If left unrestrained, its 


28 


GOVERNMENT AND LAW. 


exercise ■would become an uncontrollable passion, and lead 
him into dangerous and ruinous extremes for the acquisi¬ 
tion of the coveted goods of his neighbor. When self- 
interest is an element in the consideration of any question, 
man’s judgment is notoriously unreliable; his ideas of 
equity and right are vague and weak. 

12. His character in this respect has been tersely and 
forcibly depicted in the lines of Burns : 

“ If self the wavering balance shake, 

It’s rarely right adjusted” ; 

and an acquaintance with the extent and persistence of this 
weakness, curbed as it is by the restraints of society, and 
constantly criticised and rebuked by popular decisions, jus¬ 
tifies the inference that if his mental and moral perceptions 
were not aided by society’s regulations, and his nature, to 
a certain extent, molded by frequent enforced yielding of 
natural desires, the balance would never be rightly ad¬ 
justed. 

13. But the disposition described is that of man, and is 
not confined to any particular individual or race. Hence, 
while one preyed upon his neighbor, his neighbor in turn 
would prey upon him ; not one would escape : all would 
suffer at some time, and all would realize the necessity of 
combinations for protection. After the formation of such 
combinations, it would be found that they could not last, 
nor protect their members against each other, unless based 
upon fixed rules. In order that these rules might have any 
permanency, they must be uniform in their application, bear 
equally upon all, and hence be equitable and just. Thus 
in the end self-interest would lead to the proper adjustment 
of society. 

14. The foregoing embodies the reason for the existence 
of government, and describes the principles underlying the 
structure of society. 


THE BEGINNING OF HUMAN GOVERNMENT. 


29 


CHAPTER IV. 

THE BEGINNING OF HUMAN GOVERNMENT. 

1. The history of man is twofold—sacred, and secular, 
or profane—each furnishing additional evidence of the ne¬ 
cessity of government among men: the first, by recording 
its existence as recognized and approved by the Creator, by 
containing God’s command to men to submit themselves to 
its authority, and by the information that human govern¬ 
ments will continue to the end of time ; the second, by the 
facts following. 

2. The history of the earlier periods of man’s life is 
lacking in details, and is incomplete. Prominent periods 
with long intervals are described, but the events of the day, 
month, and year were not chronicled as is the custom at 
present. We learn, however, that government first existed 
in the authority of the family. As families increased in 
numbers, and divided themselves into branches, patriarchal 
authority was correspondingly enlarged and extended. 
Afterward tribal relations were established, and a recog¬ 
nized leader often supplanted the patriarch. By the con¬ 
flicts of tribes, and the conquest and subjection of one by 
another, the power of these leaders became gradually 
stronger and more arbitrary, but it did not become despotic 
until after the establishment of the priesthood, through 
which superstitious tendencies were utilized to keep the 
people in abject submission to the will of rulers, growing 
gradually licentious and corrupt. Thus ignorance was fos¬ 
tered and cultivated, and the people became debased and 
groveling, fit only to be “ hewers of wood and drawers of 
water ” to their masters. 

3. But after long years, when the love of conquest led 
to an intermingling of peoples, and the dethronement of 
rulers hitherto deemed infallible, and all-powerful super- 


30 


GOVERNMENT AND LAW. 


stition gave way to doubts, and arbitrary power weakened, 
the people became more intelligent and liberty-loving, until 
we find the Greek states and the Roman nation presenting 
the first efforts at self-government. Thus teaches tradition, 
and it is corroborated to a considerable extent by Bible 
history, and the subsequent discoveries of science in ancient 
ruins. Indeed, the present has so clearly penetrated far 
into the long-hidden mysteries of the past, that apparently 
little remains yet obscure or in doubt. 

4. Succinct, continuous, and reliable secular history 
began with the liberty-loving Greeks nearly eight hundred 
years before Christ, and for twenty-six hundred and fifty 
odd years the record of government among men has been 
one unvarying repetition of lessons of facts and principles 
which confirm the story told by tradition. 

5. Both tradition and current history teach that men 
have at all times and everywhere been governed. Rot an 
instance is given of any race, tribe, or body of people liv¬ 
ing without restraint or government. This one fact, stand¬ 
ing by itself, when we consider the different conditions of 
different people—their different dispositions and habits— 
must be taken as a presumption of the necessity for govern¬ 
ment little short of absolute proof. 

6. Tradition and history, sacred and secular, teach other 
facts of great value to us. They are, that when the gov¬ 
erned become indifferent to the conduct of public affairs, 
and cease their vigilant watch-care over and defense of 
their institutions, the rulers will surely in the end assume 
powers which will deprive them of their rights. 

7. Second, that autocratic power increases in the ratio 
of the indifference and ignorance of the people, until it be¬ 
comes despotic and unbearable. The thousands of years of 
the world’s history have furnished no exception to the rule. 

8. Third, that the long enjoyment of national power 
and greatness, opulence and wealth, and a few bold and 


ANALYSIS. 31 

ambitious spirits, constitute a combination of circumstances 
exceedingly dangerous, and, if not watched, certainly de¬ 
structive of republican freedom. The ancient Roman Re¬ 
public furnished the world with an illustration of this truth, 
which the world can not afford to forget. No government 
ever was, or ever will be, strong enough to survive its 
founders, unless their offspring are imbued with the same 
spirit, and practice the virtues which gave it origin. JVe 
must govern ourselves , or others vnll govern us. 

9. Fourth, that monarchies, or minority rule, can not 
long survive general intelligence upon the part of the gov¬ 
erned, especially if the power exercised is felt to be op¬ 
pressive. 

10. Fifth, that these transformations in government are 
always produced by violent and bloody revolutions, and 
that the conflict is more sanguinary and terrible after a peo¬ 
ple have once breathed the air of freedom ; yet that a free 
people may be enslaved if they sleep too long on the fancied 
strength of their institutions, and the supposed patriotism 
of their chosen leaders. 


4 


■V 


CHAPTER V. 

ANALYSIS. 

1. All nature is placed under the dominion of man, and 
made a contributor to his comfort and happiness. The 
earth and its fullness belong to him ; but he must labor to 
make it yield its fruits. Certain portions of its territory 
must be dedicated to his exclusive use, or the results of his 
labor must be applied to his maintenance and comfort. His 
acquired rights to the soil, or to property accumulated, 
must be recognized by his fellow-man and respected. Oth- 



32 


GOVERNMENT AND LAW. 


erwise, after having secured a competency—the necessaries 
and comforts of life—his fellow-man, by superior strength, 
might deprive him of the means of subsistence. Resistance 
upon his part would frequently result in personal violence 
and death. 

2. There must, therefore, be an arbiter between him and 
his fellow-man, when individual interests clash. 

3. But, since no other creature is wiser and stronger than 
man himself, it follows that there must be a combination of 
men to protect the individual. 

4. And since the body of men constituting the combi¬ 
nation, or board of arbitration, frequently can not be as¬ 
sembled at all, or before the injury is done, it follows that 
there must be established certain fundamental rules or prin¬ 
ciples applicable to, and sufficient for, all cases. 

5. These fixed rules of arbitration, together with the 
means of interpreting and applying them, and the pro¬ 
visions made for enforcing their observance, constitute civil 
government. 

G. We observe, from the foregoing, that these rules 
must be unchangeable, except by the combination itself— 
or, to use a better term at this point, by the government. 

7. The supposition, or fact, that man, when left entirely 
to his own judgment and course of conduct, will not always 
recognize and pursue the right, leads to the conclusion that 
he might be disposed to disregard the restraints and dis¬ 
obey the requirements of government. Hence, if govern¬ 
ment would subserve its purpose, it must establish penalties 
or punishments. 

8. A number of persons thus disposed, and whose inter¬ 
ests were similar or identical, might continue to disobey and 
resist government, and refuse to submit to the imposition 
of penalties. Hence, it sometimes happens that it is neces¬ 
sary for government to call out and use its extraordinary 
(meaning, not usually or frequently resorted to) powers ; 


LIMITED POWERS OF GOVERNMENT. 


33 


either in summoning all law-abiding citizens at hand or 
within convenient reach (thus summoned called the posse 
comitatus ) to its assistance, or in using a body of men 
organized, drilled, armed, and kept for such purposes, called 
militia, or the military. 

9. Large bodies of people differ from each other fre¬ 
quently, in many particulars. They speak different lan¬ 
guages, have different habits and dispositions, enjoy differ¬ 
ent natural advantages ; climatic influences and difference 
of occupation develop differences of temperament and 
modes of thought. Their interests are not identical, and 
hence we have differences in forms of government. 

10. These different governments are named or charac¬ 
terized by the kind of authority exercised, and the methods 
of administering it. But all people everywhere are gov¬ 
erned in some way. All people need government, and in¬ 
dividual or personal rights and liberty can be secured only 
by it. 


CHAPTER VI. 

LIMITED POWERS OF GOVERNMENT. 

1. The purpose of government, that is, the reason for 
its existence, as already outlined, is primarily the protection 
of its individual members : and since we have seen that 
this can be accomplished only by fixed rules, founded upon 
general principles, which do not discriminate in favor of or 
against any certain or particular persons, but must apply to 
all alike, it follows that its object is the general good, or the 
common welfare. This purpose limits the powers of gov¬ 
ernment—that is, legitimate government. 

2. Government necessarily implies individual sacrifices, 
and legitimate government, an equitable distribution of 




34 


GOVERNMENT AND LAW. 


these sacrifices—not only sacrifices of inclinations and de¬ 
sires, but sacrifices of property and of comfort as well. Not 
only is it necessary for us to refrain at the command of 
government from doing that which it is not necessary for 
us to do in order to produce our personal well-being, but 
we must contribute of our means to sustain the power or 
the authority which gives the command. 

3. A man’s inclinations, interests, and convenience might 
all require him to establish a slaughter-house in close prox¬ 
imity to his neighbor’s residence, so that the odors and 
gases arising from refuse and decaying materials would not 
only be offensive but deleterious to the health of his neigh¬ 
bor’s family. Again, he may desire to possess himself of 
his neighbor’s horse, or other article of property, while his 
neighbor may not wish, or can not afford, to part with the 
coveted article. Government forbids us to do these things, 
and there is a sacrifice upon our part corresponding with 
the strength and extent of our will in the premises. 

4. But we have seen that it is necessary for government 
to maintain officers ; that militia, or an army, is necessary 
sometimes to prevent its overthrow and destruction. We 
have seen further that it is necessary for it to provide, and 
frequently to inflict, punishment for violation of its rules and 
regulations. These things are all indispensable to the indi¬ 
vidual’s welfare and protection, and to the general good, 
and they necessitate the support of the officers—supply of 
arms and ammunition for its soldiers, and pay for their ser¬ 
vices—penal institutions, and houses in which to keep and 
preserve its property, all of which requires a large outlay 
of money. 

5. Now government is not, per se, or in the discharge of 
its usual functions, and in pursuance of its purpose, a wealth- 
producer ; and it must be sustained by contributions from 
the pecuniary means of its subjects, or individual members ; 
and there is a corresponding sacrifice of property. 


LIMITED POWERS OF GOVERNMENT. 


35 


6. The ratio of this sacrifice to the individual, necessary 
to sustain government, must be determined by the authority 
of the collective body of citizens—the combination hereto¬ 
fore described—and not by each citizen for himself (for 
then there could be no uniformity)—or, in other words, by 
the government itself. 

4 

7. The sacrifice mentioned is, as a rule, of money ; and 
the money so exacted is called a tax, or taxes. The process 
by which it obtains this money, or taxes, is called a levy ; 
the determination of what ratio of the whole amount needed 
each citizen must contribute, and the valuation of his prop¬ 
erty, as a necessary preliminary thereto, is called an assess¬ 
ment. Sometimes an equal amount of tax is imposed upon 
each tax-payer. This is usually for a specific purpose, and 
is called a poll-tax, from poll , a head. 

8. Government must exact a sufficient sacrifice from 
each individual to make the united contributions (wheth¬ 
er of money as taxes, or of labor, or of military service) 
ample for its purposes ; the primary and greatest of all of 
which is the protection of the individual—the tax-payer, or 
the one subject to the service—in the enjoyment of his prop¬ 
erty and his life. This exaction sometimes forces the citi¬ 
zen to undergo great discomfort, and to endure suffering— 
as in the case of the soldier, or the civil officer under the 
emergency sometimes surrounding his official duties—just 
as a man must sometimes undergo hardships and risk his 
life to protect and defend his family. 

9. It would avail nothing to say that crime must be 
punished, and criminals must be placed in confinement, if 
no money were appropriated to pay for the services of 
the officers appointed to execute the laws, and to build 
penal institutions. Or if, while a sufficient amount of 
money were collected to meet the ordinary current ex¬ 
penses of government, it had no power to collect money 
to pay an army, and erect defenses, its subjects would be 


36 


GOVERNMENT AND LAW. 


at the mercy of foreign conquerors and task-masters or pi¬ 
rates. 

0 

10. If a man possesses only a small amount of money, he 
purchases a pocket-book, for its safety ; but if he has a large 
amount, it is not safe on his person or under ordinary lock 
and key, and he must keep it in an expensive safe. If the 
sum is very large, it requires a still greater outlay, and he 
must employ guards and watchmen to protect it.* Thus it 
is with government: the interests involved, the necessities 
of existing or probable conditions, must determine what ex¬ 
actions must be made. 

11. It can not pass beyond these limits without destroy¬ 
ing to some extent its own purpose and violating the prin¬ 
ciples which justify its existence. If it take more from the 
citizen than is necessary for its legitimate purposes, it robs 
and oppresses him, instead of protecting and benefiting. In 
accepting this theory, it must be remembered that there are 
certain contingencies to be provided for, and that these ren¬ 
der it impossible for government to determine exactly how 
much it must require each citizen to contribute in order to 
meet its absolute and actual necessities. It may estimate a 
certain amount as the cost of crime within a given period ; 
it may calculate on a certain amount of delinquencies in the 
payment of taxes, etc. ; yet the estimate and the calculation 
may both exceed the developed facts, and as a consequence 
there may be an excess of revenue. In other respects gov¬ 
ernment may require more than afterward proves to have 
been necessary for its purpose. Indeed, this frequently hap¬ 
pens. It is unavoidable, and hence falls within the neces¬ 
sary exactions. 

12. That government is best which exacts least in pro¬ 
portion to its magnitude and wealth. If it cost little to 

* This illustration is drawn from daily practice ; except that government 
employs the guards and watchmen, as a rule, and the property protected pays 
a fair portion of the cost. 


TAXATION. 


37 


govern, the fact indicates a law-abiding spirit upon the part 
of the people at large, and few criminals. If the cost of gov¬ 
erning is small, and yet government makes large exactions, 
it indicates profligacy upon the part of the rulers, and that the 
people are not actively engaged in directing public affairs. 

13. Frequently a citizen does not admit the existence 
of any necessity for so large a tax as that imposed. He 
denies that the public interests demand or justify that 
policy or course of government which necessitates the 
expenditure of so much money. He is frequently called 
upon to submit to and bear that which in his judgment is 
unnecessary, impolitic, needlessly burdensome, and clearly 
wrong. Yet, if he be a good citizen, he will promptly and 
fully render the required service. He can not permit his 
judgment to lead him into resistance of government; for 
we have seen that the stability and value of government 
depend upon such sacrifices at the will of the majority. 

14. However, it is the duty of every citizen, though he 
be in the minority, or though he may not know that any 
other citizen entertains the views he holds, while submit¬ 
ting to such exactions, to discuss their propriety, and labor 
for the correction of that feature or practice of govern¬ 
ment which he deems unwise, impolitic, or hurtful. This 
principle inheres in the very nature of popular government ; 
and out of it springs the inestimable value of free speech 
and a free press. 


CHAPTER VII. 

TAXATION. 

1. The subject of taxation is a very broad one, and is 
variously subdivided. The amount to be collected—the 
rate of assessment to procure that amount—the manner of 




38 


GOVERNMENT AND LAW. 


assessing taxes, and the methods for their collection—what 
articles or goods should bear the heaviest tax—what prop¬ 
erty, vocations, institutions, industries, and individuals 
should be exempted, and to what extent such exemption 
should be permitted—how to distribute its burdens so that 
they will bear equally upon all, and not be oppressive to 
the citizen—are among the most frequently recurring and 
most important questions presented for the consideration 
of lawgivers and statesmen. 

2. The circumstances under which some of these ques¬ 
tions must be discussed are constantly varying, since the 
condition and necessities of government are not always the 
same, and their decision can not be uniform. The existence 
and prosecution of a war, or the condition in which it leaves 
the country, may necessitate a greater rate of taxation than 
was imposed in a season of uninterrupted peace. A condi¬ 
tion of prosperity enables government to decrease the taxes 
found necessary under adversity. 

3. Sometimes the decision of the question by rulers in- . 
volves very serious consequences ; and often in the his¬ 
tory of nations has it incited to resistance and bloody war. * 
“ Taxation without representation ” led to the separation 
of the American colonies from England, and to the Revolu¬ 
tionary War. 

4. A variety of words are used to describe certain kinds 
of taxes, and indicate the relations existing between the 
taxing power and those who are taxed, or the class of goods 
or property bearing the tax. For instance, the word “ cus¬ 
tom ” indicates a tax on goods imported into, or exported 
from, one country to another. The word “ tribute ” is gen¬ 
erally used to denote a tax paid by a dependency or con¬ 
quered province to its conquerors or protectors. Sometimes 
the word “ tax ” is modified by other words, to indicate its 
kind or purpose, such as “ specific,” “ ad valorem,” “ inter¬ 
nal revenue,” “ military,” etc. 


TAXATION. 


39 


5. But these specific designations are terms used to in¬ 
dicate, more particularly, the taxes imposed by the national 
government, and it is more in accord with our present 
purpose to study the question of taxation as it most fre¬ 
quently and directly affects the whole mass of citizens ; 
such as the taxes imposed by the State and the simplest 
forms of State government. 

6. The State levies taxes, in times of peace, for two 
purposes—to pay the public debt, and for revenue. The 
first is applied only to accruing interest on the debt, and 
a reduction of the debt as it falls due, or by calling in or 
canceling some of the State’s obligations (most generally 
in the shape of bonds), when it may be done in advance of 
maturity. The second is that which is required to meet 
the usual necessary or current expenses of the State, and 
is applied to the payment of all expenses incurred in mak¬ 
ing, executing, and interpreting the laws (by the Legisla¬ 
ture, the executive, and the judicial officers), and to the 
maintenance of eleemosynary institutions and public schools. 

7. The sources of revenue, or taxes, are usually three in 
number : first, on realty (fixed, permanent, or immovable 
property, as lands and houses) ; second, on personalty (mov¬ 
able possessions—as goods, stock, etc.) ; and, third, on dif¬ 
ferent callings or occupations (a license, such as a mer¬ 
chant’s, peddler’s, or showman’s, belongs to this class). In 
addition to these sources, a resort to a poll-tax, or an equal 
tax on each individual who is liable under the law for taxes, 
without reference to property or business, and penalties 
for crime, are sometimes sources of general revenue. But 
the poll-tax generally has a specific application, and in Mis¬ 
souri the net proceeds (that is, after paying the cost of as¬ 
sessing and collecting) of fines, penalties, etc., are required 
to be kept in the county where they accrue, and to be de¬ 
voted to the maintenance of schools. 

8. The question of taxation will occur again in Part 


40 


GOVERNMENT AND LAW. 


Ill of this book, in the discussion of the civil system of 
the State ; but so much of it as appears above is given in 
this connection, to suggest that the distribution shown is 
intended by the State to relieve taxation of its oppressive¬ 
ness as far as possible. 

9. Taxes are the contributions of citizens for the sup¬ 
port of government, and in the proportion in which we 
value government we will readily pay the taxes necessary 
to sustain it. Again, a tax imposed by government is a 
debt incurred by ourselves, and we are in honor bound to 
meet it fairly and fully. 

10. If a man buy lumber for a fence to protect his 
crops, and employ another to erect that fence, he has in¬ 
curred a tax for protection and a debt which no one will 
question his moral obligation to pay. If he buy a safe in 
which to secure his wealth from theft, and should refuse to 
pay for it, or even express a desire not to do so, he would 
degrade himself in the estimation of all just and conscien¬ 
tious men. The government protects not only his property, 
but his life and his family, and the taxes it imposes is the 
cost of that protection. If he fail to pay for the protection 
afforded by the fence, or the safe, he robs, perhaps, only 
one individual. If he refuses to pay for the protection of 
the government, he necessarily robs the many ; for govern¬ 
ment is the united power and means of the many for the 
protection of the individual. Not only so, but the rob¬ 
bery entails on those who gave him that protection addi¬ 
tional burdens—since taxes must be greater in order to 
meet the deficiency occasioned by the robbery. Nor is 
this the worst feature of the case : the burdens fall on 
those who are less able to bear them than those who fail to 
meet their share of the common debt. The man who can 
successfully escape the payment of taxes on his possessions, 
•is the one whose possessions are of such a character that he 
can conceal them from the government’s officers, while the 


41 


A REPUBLIC. 

class which makes good the deficit is composed of those 
owning such property as can not be concealed. The first 
is the man of more wealth than his neighbor of the class 
mentioned. Indeed, the neighbor who pays the tax is often 
oppressed heavily by the burden, while he who escapes 
could easily meet the obligation. The tax-dodger is guilty 
not only of a sharp trick on false business principles, but 
of a grave moral delinquency. 


CHAPTER VIII. 

A REPUBLIC. 

1. The word “republic” is a term used to describe a 
certain form of government. The United States Govern¬ 
ment is called a republic. In order to arrive at a full un¬ 
derstanding of the nature of such governments as may be 
properly so called, we inquire, first, What is the meaning 
of the word ? and, second, Why is it applied to the forms 
of government which bear the name ? 

2. The word is derived from a compound Latin word 
(re-publica ), which means “public affairs.” When applied 
to the affairs or operations of government, it signifies that 
those affairs are matters of public concern, to be controlled 
or operated by the public. 

3. When a government is called a republic—because it 
recognizes the right of the public to direct and control it— 
it is presumed that the public will appreciate and exercise 
that right; and, although the word is not sufficient, in a 
literal sense, to indicate the exercise of the right by those 
to whom it belongs, it would be unreasonable to suppose 
that, in matters of so much gravity, men would neglect 
their privileges. Hence a government managed by the 



42 


GOVERNMENT AND LAW. 


people is said to be one whose affairs are public—a re¬ 
public. 

4. But we use another word, descriptive of this class of 
governments, which, in a primary or literal sense, asserts the 
fact that the people participate in government. That word 
is “ democracy ”—derived from a compound Greek word 
( demokratia ), signifying “ the people rule.” They may rule 
indirectly—as we will see they do in another chapter—by 
delegating their power, as a principal to an agent. This 
agent acts under instruction, and may be dismissed. The 
principal does not divest himself of his rights because he 
has employed a representative. Hence the word “ democ¬ 
racy ” comes to mean “ a form of government in which the 
power resides ultimately in the people, who conduct it by a 
system of representation and delegation of power.” 

5. The two words # are used synonymously, and each 
signifies a representative government—one in which the 
rulers or administrative officers derive their authority from 
the people, and are responsible to them ; but it is well to 
remember that one (republic) describes a form of govern¬ 
ment, and the other (democracy) expresses the manner of 
administering governmental affairs. The first is almost 
exclusively used in referring to, or designating, representa¬ 
tive government, the latter in describing such government. 

6. A democracy is the proper form of government for a 
republic, and so long as it retains this form its privileges 
and guarantees of individual rights are secure. But when 
the citizen becomes indifferent and neglectful toward gov¬ 
ernment, government is not apt to continue long zealous in 
its devotion to his interests. If a man devotes his time 
and energies to his private business, that business is apt to 
prosper, but, if he neglects it, prosperity and success are 
impossible. This rule is applicable to governments as well 
as to individuals. Rome was a prosperous and model 
republic until her citizens, from long enjoyment of the 


A REPUBLIC. 


43 


advantages of free institutions and prosperity under them, 
became indifferent and careless—ceased to guard and exer¬ 
cise their rights. Then, having lost her democracy, she 
became despotic and tyrannical. An active, intelligent, 
and constant participation in government is the only guar¬ 
antee any people can have of the continuance of that gov¬ 
ernment to seek only their good. 

7. Remembering the primary and chief object of gov¬ 
ernment, the protection of all its subjects in the enjoyment 
of “ life, liberty, and property ” *—that these rights could 
not be secured without it—that it necessarily entails sacri¬ 
fices upon the part of those who combine for protection, 
and that for this reason alone these sacrifices are demanded 
or could be justified—it follows that a republic is the only 
legitimate form of human government. Independently of 
any restraints placed upon him by Divine authority, man 
would be entitled to absolute and entire freedom of action, 
and to the possession of every article of property he might 
acquire, or that the Lord of Nature has placed within his 
grasp, if thereby he did not interfere with like privileges 
and rights of his fellow-man. No man—no number of 
men—therefore, can legitimately abridge his liberty beyond 
these natural limits ; and no sort of right can be success¬ 
fully pleaded for the exercise over him of any power or 
restraint not intended for the general good—and so ad¬ 
judged by the community governed. 

8. In pursuance of this principle, and of the further 
fact that human intelligence will assert itself first or last, 
and that human nature will declare and defend its rights, 
we find a constant tendency of all forms of government, 
among civilized or half-civilized people, to the republic. 

* This form occurs in the “ Declaration of Rights ” by the Continental 
Congress in 1774. In 1776 the “ Declaration of Independence ” asserted that 
“life, liberty, and the pursuit of happiness” were among the inalienable 
rights with which all men are endowed by their Creator. 


44 


GOVERNMENT AND LAW. 


9. The following examples are given as illustrations : 
England through long centuries has progressed from the 
absolute monarchy and despotism to a form of govern¬ 
ment, though in name still monarchical, in fact not far re¬ 
moved from a republic. France has recently emerged from 
the throes of a bitter and crushing defeat on the field of 
battle, to adopt a form of popular government. The auto¬ 
cratic power of Germany has long been gradually yielding 
to popular ideas, until now the emperor and his cabinet find 
it necessary to secure the consent of a national legislature 
before new laws can be enacted. The history of Austria, 
Italy, Spain, etc., shows the constant yielding of arbitrary 
power, while the persistent, terrible, and murderous efforts 
of the Russian Nihilists to destroy the autocratic power 
wielded over them, are a prophecy written in characters of 
blood, and revealed in chapters of crime—a prophecy of a 
future, perhaps long distant, but certain of fulfillment, and 
one whose steps are terrible to contemplate. 

10. Literally, the State is a republic ; but by common 
consent only the national government is so called, and we 
use another word to express the same or an equivalent idea 
when speaking of the State ; namely, the word “ common¬ 
wealth.” 

11. The three words are synonymous terms, but in 
common usage are differently applied. The United States 
Government is a commonwealth, but we call it a republic ; 
a State is a republic, but we call it a commonwealth. 

12. A republic, as we have seen, is a form of govern¬ 
ment whose affairs are public, and in whose management 
all its subjects are entitled to participate. 

13. A commonwealth is that form of government whose 
weal or prosperity is common to all its subjects, and which 
they all unite to secure and promote. 

14. A state is “ the whole body of people united under - 
one government,” and (in democracies like the United 


REVIEW QUESTIONS. 


45 


States Government) in which all its subjects co-operate, or 
may do so, to sustain the government, or, in other words, 
govern themselves. 


CHAPTER IX. 

REVIEW QUESTIONS. 

CHAPTER I. 

[See note at end of questions.] 

1. What is the primary or first meaning of the word “govern”? 
(1.) Illustrate. 

2. In what two things does government consist? (1.) 

3. Is physical force or power the only means of control ? (2.) 

4. What is the milder meaning of the word “ govern ” ? (3.) 

5. What else besides “ forces in operation ” does the word “ govern¬ 
ment ” mean ? (5.) 

6. What general definition of government is given in Chapter I, and 

what three forms are given in illustration ? (6.) 

7. How do governments differ, and how are they named ? (7.) 

8. What is the first class of governments named ? (12.) 

9. Name and describe the forms of government embraced in this class. 
(8, 9, and 11.) 

10. Is the expression “limited monarchy” literally correct? (10.) 
Explain. 

11. What is the second class of governments named? (13.) 

12. What names are given to the forms belonging to this class? (13.) 

13. Is “ communism” a form of government? (14.) 

14. What is it? (14.) 

15. What division of government is referred to in section 15? 

16. What are the Latin words from which the names of these divisions 
are derived? (15.) 

17. State differences between these forms. (16, 17.) 

18. Who is a citizen? (17.) 

19. What sort of authority do rulers use in a representative govern¬ 
ment? (17.) 

20. What is the effect of using force against the majority ? (17.) 

21. Which division must remain subordinate to the other? (18.) 




46 


GOVERNMENT AND LAW. 


22. Why? (18 and 19.) 

23. What governments maintain a military establishment ? (20.) 

24. For what other purposes is the military used? (21.) 

CHAPTER II. 

25. What does government imply? (1.) 

26. If compulsion is not pleasant, and yet men sacrifice even life to 

sustain that which produces it, how do you explain their conduct ? (3.) 

27 . In what is government said to originate? (4.) 

28. Are there any objections to this view? ( 5 - 7 .) State each sep¬ 
arately. 

29. If, then, man’s social nature is not sufficient to account for the 
existence and authority of government, what reason shall we give for it ? 
( 8 .) 

30. Will time or circumstances remove the reason ? (9.) 

31. Give an outline of what is said of communism when tested by the 
principles announced. (10-13.) 

32. What has been the nearest approach to a successful commune? 
(14.) 

33. When has it been seen in its worst phases ? (14.) 

34. It has been said that government is a necessity. Why is it neces¬ 
sary for us to understand the nature of that necessity ? (15.) 

CHAPTER III. 

35. If men live in communities, what is necessary ? (2.) Why ? 

36. But if man is not compelled to live in society, would its rules have 

any value or binding force in restraining his desires ? (2.) 

37 . What relation exists between government and the possession of 

property ? (3.) 

38. Between government and the protection of human life ? (4.) 

39. Government, then, is a necessity to what three ends ? (5.) 

40. What effect upon men and communities would a proper appreciation 

of the nature of the necessity for government produce ? (6.) 

41. What reciprocal effect upon government would such an apprecia¬ 
tion have? ( 7 .) 

42. What effect do society and government have upon man’s social 

disposition ? (8.) 

43. ' What are the extreme penalties of law, and what do they teach ? 


REVIEW QUESTIONS. 47 

44. What peculiarities of man’s nature lead to the inference that gov¬ 
ernment is indispensable ? (11.) 

45. What does Burns say of man’s selfishness ? (12.) 

46. What conclusion in reference to this weakness would be justified 
by the supposition that it was left uncontrolled by the restraints of society? 
( 12 .) 

47. IIow general is this disposition? (13.) 

48. What would be another consequence of leaving it uncontrolled ? 
(13.) 

49. Therefore men find it necessary to do what for protection ? (13.) 

CHAPTER IV. 

50. How is the history of the human race divided in Chapter IV ? (1.) 

51. What does each division teach ? (1.) 

52. By what means does the first teach the fact? (1.) 

53. What is lacking in the history of the earlier periods of man’s life ? 

( 2 .) 

54. In what form did government first exist ? (2.) 

65. Trace the changes in form until the monarchy was established. (2.) 

66. What circumstances led to the overthrow of monarchy and the adop¬ 
tion of self-government ? (3.) 

67. With what people did efforts at self-government begin? (3.) 

58. The lessons of tradition are corroborated from what two sources? 

(3.) 

59. What is said of the beginning and of the teaching of succinct and 

reliable history ? (4.) 

60. What is the presumption, and what is the strength of it, to be drawn 

from the historical fact that men have been governed in all ages ? (5.) 

61. What other important lessons do tradition and history teach? (6- 

10 .) 

62. What illustration is given of the third lesson ? (8.) 


CHAPTER V. 

63. What else, besides the fact that all nature was created for man, is 

necessary for his welfare and enjoyment ? (1.) 

64. By what means can these requisites be secured ? (2.) 

65. Why should there be a combination of men for man’s protection ? 


48 


GOVERNMENT AND LAW. 


66. Why is it necessary for the combination to establish rules in order 

to accomplish its purpose ? (4.) 

67. What constitutes civil government ? (5.) 

68. What must be the nature of these rules ? (4-6.) 

69. Why are penalties and punishments necessary ? (7.) 

70. What does government sometimes find it necessary to do ? (8.) 

71. What are the extraordinary powers of government ? (8.) 

72. Why do we have different forms of governments among men? (9.) 

73. What are the various terms we use to designate different forms of 

government intended to indicate ? (10.) 

74. By what means only can personal rights and liberty be secured ? 

( 10 .) 

CHAPTER VI. 

75. What limits the powers of legitimate government? (1.) 

76. What does government imply ? (2.) 

77. What kinds of sacrifices are required ? (2.) 

78. What illustrations are given of the kind ? (3.) 

79. For what purposes does government require money? (4.) 

80. Why are contributions from the governed necessary ? (5.) 

81. Who determines or fixes the amount or ratio of these contributions? 
(6.) Why? 

82. Usually the required sacrifice is of what kind of property? (7.) 

83. Explain what is meant by the terms “ levy,” “ assessment,” and 
“poll-tax.” (7.) 

84. How much must government necessarily exact of the individual citi¬ 
zen? (8.) 

85. This necessity sometimes entails how much personal sacrifice ? (8.) 

86. What would be the consequences of a failure of government to 
make sufficient exactions? (9.) 

87. What circumstances control the government’s decision as to the 
amount of sacrifices necessary by its subjects? (10.) 

88. If government exceeds these limits, what is the result? (11.) 

89. Is it possible to determine exactly what ratio of his property each 
citizen must contribute in order to sustain government? (11.) Why ? 

90. What is the best government ? (12.) 

91. If the exactions of government are unduly large, what does it indi¬ 
cate as to the rulers ? As to the people ? (12.) 

92. Is it the duty of the citizen to submit promptly to those exactions 
of government which he deems unnecessary and burdensome ? Why ? 


REVIEW QUESTIONS. 


49 


93. What is the further duty of the citizen under such circumstances ? 
(14.) 

94. The principles involved in the last two questions give value to what ? 
(14.) 

CHAPTER VII. 

95. What are some of the most important and frequent questions aris¬ 
ing in reference to taxation ? (1.) 

96. What circumstances prevent the decision of many of these questions 

from being uniform ? (2.) 

97. What consequences have been involved by the decision of a ques¬ 
tion of taxation ? (3.) What example is cited ? 

98. What do the different terms used to describe different kinds of taxes 

indicate ? (4.) Illustrate. 

99. Instead of using different terms, how do we sometimes indicate the 

kind of tax or its purpose ? (4.) 

100. These terms apply more particularly to what class of taxes ? (5.) 

101. For what purposes does the State levy taxes? (6.) 

102. llow is each tax applied ? (6.) 

103. The sources of revenue are usually how many? (7.) 

104. From what other sources may revenue be derived? (7.) 

105. What is the object of the State in distributing taxes, or seeking 

revenue from so many sources ? (8.) 

106. Why are we in honor bound to pay taxes ? (9.) 

107. Is the obligation to pay taxes to the government greater or less 
than the obligation to pay ordinary debts—such as for a fence around our 
property, etc. ? Why? (11.) 

108. What is the character of the property which can escape taxation ? 

( 11 .) 

109. What is said of the ability of the owners of such property to pay 
taxes thereon? (11.) 

110. Of what is the tax-dodger guilty ? (11.) 

CHAPTER VIII. 

111. What form of government has the United States? (1.) 

112. What is the derivation of the word “ republic ” ? (2.) 

113. What may we presume the citizens of a republic will do? Why? 
(3.) 

114. What word is used to describe a republic which states expressly 

what the citizen does ? (4.) 

3 


50 


GOVERNMENT AND LAW. 


115. Does the word “democracy” imply that each citizen participates 

directly in government ? (4.) Illustrate. 

116. How are the two words “republic” and “democracy” generally 
used? (5.) 

117. What is the proper form of government for a republic? (6.) 

118. What is the only guarantee any people can have that a republic 

will remain democratic ? (6.) What illustration is given ? 

119. What is the only legitimate form of human government? (7.) 
State the reason fully. 

120. Who must be the judge of the propriety or legitimacy of the re¬ 
straints of government ? (7.) 

121. What tendency is observed in all forms of government ? (8.) 

Give the illustrations. (9.) 

122. Why do we not speak of the State as a republic? (10.) 

123. Why not call the United States a commonwealth ? (11.) 

124. Give the definitions of republic, commonwealth, and State, found 
in sections 12-14. 

125. In this country, what word may properly be used in place of 
either ? 

Note. —It was thought best not to trammel the teacher with questions for 
each lesson, and at the same time indicate to the pupil just what would be 
expected in a recitation, so that he might avoid any study beyond what was 
necessary to prepare answers. The teacher who is familiar with a lesson and 
has tact, can formulate questions to much greater advantage than can be done 
in a text-book. The foregoing questions, intended for general review, may be 
used (being divided by chapter and section) conveniently at the close of each 
chapter, if the teacher so chooses ; but in such case they should be greatly am¬ 
plified. In any case, the addition of many more will be suggested, and would 
be profitable. The numbers in parentheses at the end of the questions refer 
to the sections, or paragraphs, of the chapters. 


CHAPTER X. 

LAW. 

1. Law is defined to be, primarily, “ that which is laid, 
set, or fixed.” Thus the principle which fixes the limits of 
movements or actions, and determines conditions or states, 
is called law. That principle which causes the moon and 



LAW. 


51 


stars to move with precision and regularity in certain orbits 
is called the law of the heavenly bodies, or of the planets. 
We could not live without eating or breathing. A fixed 
principle, called the law of nature, causes death if we are 
prevented from doing either. Water at rest invariably 
changes its state to that of ice at a certain temperature. 
Air, moisture, sunlight, and warmth cause the soil to ger¬ 
minate its store of seeds, and plants to grow, and all of 
these elements are necessary to that development and 
growth. So rigid and unvarying is the principle or law, 
that the absence of either and the presence of all the others, 
instead of life and growth, will cause death and decay : the 
principle is “ set,” or established, and “ fixed ” for all time, 
beyond man’s control. 

2. Not one of the myriad facts or results of Nature’s 
activity is a circumstance of chance or accident, for un¬ 
ceasing regularity is a negation of chance. The causes con¬ 
tinue for ages—they are “fixed,” and are therefore not 
accidental—and the same effects follow invariably. These 
states, conditions, and movements are governed or con¬ 
trolled by this principle we call law. There must, there¬ 
fore, be some power to set or fix these principles—some 
originator of these causes—some one to design the results 
(which are the fulfillment of the design). Hence, law may 
be defined to be the executive, or operating, force of him 
who has the power to govern. In other words, that which 
causes, governs, or controls any circumstances, results, or 
events, is law. 

3. Such law as we have been considering—that is, nat¬ 
ural law—is not written, because its observance does not 
depend upon its being understood by its subjects ; and its 
author does not need any agents to execute it. The Master 
and Governor of Nature is amply able to enforce his will, 
and night follows day, the seasons come and go, all Nature 
labors with gladness to fulfill his purposes, when he per- 


52 


GOVERNMENT AND LAW. 


mits, and rests at his bidding with promptness and cease¬ 
less regularity, without the agency of man, and not subject 
to his will or appointment. We can not read natural law 
except by its effects. Instead of depending upon our appre¬ 
ciation and consent for its execution, it is already fulfilled 
when we take cognizance of it. 

4. Men are subject to natural law, and no exercise of 
will upon their part will enable them to evade or overcome 
it. It is not necessary for it to be addressed to their under¬ 
standing, nor for them to be notified to obey it. But, as 
they move in a different sphere from the insentient and 
irrational objects of nature, for which such law is especially 
adapted, it is necessary for them to be subjected to such 
control as is suited to their different condition. In their 
physical nature they are subject to the unwritten and silent 
but inflexible law which governs animal and plant life ; and 
any infraction thereof is punished without decree of inves¬ 
tigating tribunals. We come into existence, we breathe, 
are endowed with senses, grow in stature, number our days, 
and, from our dawn till life’s close, nature’s law circum¬ 
scribes our physical development. 

5. There is also a mental development which enables us 
to direct our conduct, and which affects our relations with 
one another. We are endowed with a nature which does 
not permit us to vegetate. The struggle of life for the 
possessions which will contribute to personal enjoyment, 
and the race for supremacy over our fellow-man, legitimate 
or illegitimate, are prompted by our power to will and to 
act. They spring out of that part of our nature (the intel¬ 
lectual) not possessed by those creatures which need and 
are subject only to natural law. They lead us to do that 
which is injurious to our fellow-man, and hence there is 
need for restraint, or of government, as we have seen in 
preceding chapters. 

6. Man has no power, like the Creator, to enforce his 


LAW. 


53 


will without declaring that will, and the combination of 
men in the formation of government possesses no power 
not carried into the association by its members. Not only 
is it beyond the ability of the combination to enforce its will 
or make it known without an expression thereof, but it is 
powerless to execute its expressed will without the employ¬ 
ment of agents or servants. These agents—servants or 
officers—must be authorized and directed how to act. This 
expressed will is termed law. It may be appropriately 
called the voice of government. 

7. In common conversation, the word “ law ” is used to 
designate the expressed will of the governing power—the 
written rules of conduct set, fixed, or proclaimed, for the 
guidance and control of the governed. For the purposes 
of a study of civil government this meaning alone is neces¬ 
sary. 

8. Appreciating the nature of law, we proceed to study 
it in this aspect ; not embracing all the rules of conduct 
which are necessary to man’s greatest good and welfare, 
even in human society—for moral obligations rest upon 
him independently of the government which he has himself 
instituted—but considering only those rules that have been 
found necessary, in his judgment, for protection. 

9. In discussing the necessity for government we dem¬ 
onstrated the necessity for law, and the subject will be 
still further elucidated in the chapter upon the methods of 
conducting popular or republican government. It may be 
added here, however, that the greatest necessity for law— 
that is, written law, the expressed will of government, es¬ 
tablished upon general and fixed principles—springs out 
of the representative nature of government (see Chapter 
I, § 13) ; and that respect for law and its binding force, 
its power to accomplish its most important purpose—name¬ 
ly, equal justice and protection to its subjects—are greatest 
in those governments where the citizen feels the deepest 


54 


GOVERNMENT AND LAW. 


interest and most actively participates in governmental af¬ 
fairs, and where, as a consequence, there is greatest popular 
liberty. 

10. In speaking of law we generally have reference to 
the enactments of legislative bodies, because these enact¬ 
ments are the laws which govern us as communities and as 
citizens. They regulate our business relations, define our 
liberties, point out our obligations or duties, and protect 
our rights under government. These enactments consti¬ 
tute statutory law, or “ the statutes.” In other words, we 
mean the laws which direct and control officers, and which 
we appeal to, through the courts, for protection. 

11. The statutes are the laws passed by the representa¬ 
tives of the people—or the Legislature. But in organizing 
or constituting a government whose powers are to be 
exercised by representatives or agents, the duties of these 
representatives must be defined and their powers limited. 
The law which thus defines and limits the conduct of the 
rulers is called organic law, or the Constitution. When we 
sj>eak of “the laws,” it is understood that we mean the 
statutes and not the Constitution ; when we refer to both, 
the forms of expression are “the Constitution and the 
laws,” or “ organic and statutory law.” In this work, 
whenever the expression laic, simply, or the law, is used, it 
must be understood to mean legislative enactments, or the 
statutes. 

12. There are other subdivisions of the law, but the de¬ 
scriptive names applied when discussing them are suffi¬ 
cient to prevent confusion. The laws passed by municipal 
corporations (as cities and towns) are usually denominated 
ordinances. 



TIIE NATURE OF LAW. 


55 


CHAPTER XI. 

THE NATURE OF LAW. 

1. The authority of law must be absolute—that is, 
where there is an authoritative (or authorized) law, obedi¬ 
ence to*it must be unconditional, and must be rendered by 
every one to whom it applies without distinction or discrimi¬ 
nation. We mean, by an authorized law, one which the 
law-making power—the Legislature—had the right or was 
authorized to make or establish. The individual citizen 
can never determine whether the law is authorized—that is, 
it is impossible for any man’s opinion upon its rightfulness 
to be accepted by the community as determining the ques¬ 
tion, and no man can be permitted to act upon his judg¬ 
ment in the premises : so that, whether in truth the Legis¬ 
lature exceeded the power vested in it by the Constitution 
—whether the law be good or bad, just or unjust—it must 
be accepted by the citizen as just, right, and constitutional, 
until it is decided to be otherwise by the tribunal which 
the government (that created the law-making body) es¬ 
tablished to review and decide upon the constitutionality 
thereof. 

2. No fixed order of society, no government, is possible 
on any other hypothesis. The fact that the expressed will 
(law) of the organizations we create and call government 
was established for the guidance and control of the indi¬ 
vidual, denies the right of the individual to act upon his 
judgment of the right, propriety, or justice of the law. It 
would utterly fail of its purpose if he could set it aside 
at will. (See Chapter II, § 12 ; Chapter Y, §§ 3-6 ; and 
Chapter YI, § 13.) 

3. What is true of the individual in this respect, is true 
of any number of persons less than the majority. It is a 
principle underlying the structure of society ; on it rests 


66 


GOVERNMENT AND LAW. 


the value and power of government, and on its preservation 
depends absolutely the protection of the individual in the 
enjoyment of rights and liberties, even though in its appli¬ 
cation he may sometimes be wronged. Numbers can not 
change a principle, and no good citizen will deliberately 
become a party to its violation. 

4. If any citizen should jwesume to act upon 4he sup¬ 
position that the majority agreed with him in his construc¬ 
tion and judgment of law, he would do that which in the 
very nature of government he could not be permitted to 
do. The majority must speak for itself, and it is impos¬ 
sible for any man to tell what is its will or judgment until 
it is declared by itself. Again, it is impossible for the ma¬ 
jority to declare itself except in the manner to be hereafter 
pointed out (in the chapter upon the methods of adminis¬ 
tering government) ; so that, what is said in the foregoing 
section as to the principle not applying to the majority, can 
not be construed as an admission that the majority can 
under any circumstances trample upon or disregard law. It 
has the ability and the right to alter, amend, or repeal a law, 
but it must necessarily do so, as will be seen hereafter, in 
a manner which has been prescribed by itself. 

5. Not only may it happen that the citizen will some¬ 
times be called upon to do that for government which in 
his judgment is not necessary, but it does frequently happen 
that the law works hardships. It can not be otherwise, and, 
if we wait for a perfect law before rendering obedience to 
government, we will never submit to authority, but become 
chronic and constant law-breakers—enemies to society and 
of our fellow-men. A perfect law presupposes a perfect 
government; a perfect government presupposes perfection 
in its component parts (the citizens who compose it) ; and 
when these conditions are fulfilled—men become perfect— 
there is no conceivable need for government of any kind. 
It is therefore absurd either to demand a perfect law, or 


THE NATURE OF LAW. 57 

to contemn and disregard one simply for its recognized de¬ 
fects. 

6. It may happen that some statute or enactment of the 
governing body is perfect, and perfectly adapted to its pur¬ 
pose—at least, it is not denied that such is a possibility ; 
but law is almost necessarily defective, because, generally, 
its framers are imperfect. Relatively, also—that is, tested 
by the admittedly imperfect judgments of the individuals 
upon whom it operates—it is defective. The reasons are : 

First. It is the result of experience. 

Second. The circumstances of specific cases to which it 
is applicable differ. 

Third. Time modifies or changes the conditions which 
gave rise to it. 

Fourth. The impossibility of securing its administration 
in all cases according to its intent and purpose. 

7. The experience of one legislator may be greater than 
the experience of another, or that of one may not accord 
fully with that of the other. Each must act upon his own 
judgment; and these judgments, directed from different 
stand-points, must disagree to a certain extent. Yet they 
may agree in so far as to convince both of the necessity of 
some sort of legal enactment, and a conclusion is reached 
by compromise. A compromise is a confessed yielding to 
that which the parties thereto do not indorse. Again, the 
experience upon which a law is based may prove to have 
been insufficient as a guide. 

8. While the welfare of any portion of the people under 
a government will contribute to a greater or less extent to 
the welfare of the whole body under the same government, 
different communities have different habits and desires— 
their conditions are different, and their interests are not 
always identical. They differ as do individuals ; but, look¬ 
ing to the same government for protection, whose laws 
must therefore be general in their application, it follows 


58 


GOVERNMENT AND LAW. 


that there must be mutual concessions, and that some feat¬ 
ure of the law which results, and which was prompted by 
the necessities, or supposed necessities, of one community 
or class of citizens, in its application to another community 
will be found deficient in that respect about which the sec¬ 
ond community was solicitous. Again, any citizen may 
place himself in that position in which the operation of law 
may prove a hardship ; yet the law did not contemplate 
such a situation, and can not be regarded as responsible for 
the misfortune which it is the design of law to prevent. 

9. In reference to the third reason, it is only necessary 
to say that the laws framed for a sparse and poor popula¬ 
tion will not answer the demands of the same people when 
they become more numerous and wealthy. The provisions 
made for the debt of government would be unnecessary 
and unjust after those debts were canceled. War measures 
are wholly inconsistent with the requirements of a state of 
peace. But the laws must remain in force until the changed 
conditions are established, and hence for a certain time they 
operate after their purpose and their necessity have ceased. 

10. The law-making power undertakes to provide those 
measures which will surely and adequately punish crime, 
and protect and shield innocence and virtue. If we assume 
that it makes no error of judgment—that it establishes no 
punishment in excess of the deserts of crime, and none too 
small for its correction—there are still two difficulties which 
can never be entirely removed : First, the law made must 
be intrusted to agents—executive officers—who are neces¬ 
sarily vested with the discretionary power of determining 
the grade of any particular crime, or the fact of the exist¬ 
ence of crime. Guilt may therefore escape adequate pun¬ 
ishment through the weakness of an officer’s judgment. 
Second, the difficulty of fixing or proving guilt on the ac¬ 
cused. Crime, though known to exist, may go unwhipped 
of justice, because no accessible evidence will fix it on any 


THE NATURE OF LAW. 


59 


person. Those cognizant of the crime shield the guilty by 
false testimony or the concealment of facts ; yet it were a 
disgraceful violation of the laws of God and the spirit of 
human government to punish before proof of guilt is clear 
and positive. To act otherwise, or to suffer a community 
or body of men to apply the penalties of the law where it 
is not proved the law itself is applicable, destroys the safe¬ 
guards of society, and jeopardizes the personal liberty and 
life of every man in society. The law is defective in that 
it is powerless to overcome these difficulties. 

11. The only remedy (an imperfect one, at best) is such 
alteration or amendment of law as experience shall from 
time to time indicate as necessary or effective ; hence the 
recurring sessions of*the Legislature. One crime never jus¬ 
tifies another. Mob law can not be justified under any pre¬ 
text whatever. It is no excuse to say that, without it, 
crime would go unpunished ; while, by its use, as foul a 
crime as it is possible to commit against society is perpe¬ 
trated. If its victim were guilty and escaped, society would 
bear in him only one criminal, while the mob thrusts upon 
that suffering society a number of criminals in each and 
every one of its members. 

12. We organize government for the purpose of check¬ 
ing, restraining, and punishing crime, and, if we can there¬ 
after step in and usurp these, its legitimate functions, gov¬ 
ernment and law are worse than useless. Let the American 
youth ennoble himself, and honor his country’s institutions, 
by devotion and obedience to law, and by despising the law¬ 
breaker. 



CO 


GOVERNMENT AND LAW. 


CHAPTER XII. 

METHOD OF ADMINISTERING POPULAR GOVERNMENT. 

1. We say that in a republic tlie people rule—“the 
citizen is the sovereign.” But evidently the citizen, as 
such (simply in his capacity as a citizen), is not the immedi¬ 
ate executor of the law ; he is not the ruler in an ordinary 
or technical sense, nor does he frame the law. We have 
been discussing his duty to obey government and law, and 
pointing out its purpose and duty to control and protect 
him. How, then, does he govern ? If he is governed only, 
one duty rests upon him ; but, if he governs also, another 
and a greater duty is involved. The question is a very im¬ 
portant one : for, if he fails to understand it, he is certain 
to neglect his trust ; and, neglecting it, evil consequences 
both to the government and himself are inevitable. (Chap¬ 
ter VIII, § G.) 

2. The Legislature is the law-making body, and it is 
composed of only one citizen for every ten thousand citi¬ 
zens (in Missouri) who are not entitled to a voice in fram¬ 
ing the statutes. Yet we have agreed that it is the duty of 
every citizen to render an unqualified and absolute obe¬ 
dience to the laws passed by this body. We saw in the 
preceding chapter that the citizen who should defy or 
violate or refuse to obey the law, no matter what his 
opinion of it, attacked his own rights, weakened the foun¬ 
dations of government, and perpetrated a crime against 
society. 

3. The rule of one over ten thousand is the opposite of 
popular rule, and this is precisely the view that people must 
take of our form of government if they are not familiar 
with it—if they do not look beyond the Legislature for the 
source and foundation of authority and power. Following 
this view, a dissatisfaction will exist, and a restiveness 


METHOD OF ADMINISTERING POPULAR GOVERNMENT. 01 

under the restraints imposed and the exactions made, which 
certainly will not strengthen government. Do not many 
citizens fail to recognize anything beyond the constituted 
authority when they think of government ? If such an 
impression should become general, it would be exceedingly 
dangerous. Hence the necessity for a correct understand¬ 
ing of the character and value of our institutions and the 
authority to which we submit. Hence the great impor¬ 
tance of a study of civil government. 

4. It is true, the people elect the members of the Legis¬ 
lature for a given term ; and, if they should not so act as 
to please their constituents, the people may refuse to re¬ 
elect them, and may choose some others as representatives. 
But this election, of itself, has no bearing upon the opera¬ 
tion of law-making. It is the mere expression of popular 
choice of the men who shall exercise power. So far as the 
mere election is concerned, each succeeding legislator may 
follow in the footsteps of his predecessor, and give equal or 
greater dissatisfaction. 

5. The people may exact pledges of a man before elec¬ 
tion, or may meet and give him instructions after his elec¬ 
tion, as to what sort of measures he shall advocate and 
support, and wdiat he shall oppose (a habit that is not gen¬ 
eral, and one that can not be adopted, except as to a few 
specific measures, or as to general legislation). But, so long 
as he has the power to act upon his own judgment and at 
will, it is evident that these pledges and instructions can be 
noi sort of guarantee to the people that he will represent and 
obey their will. 

6. While it is very important that great care should be 
exercised in casting a vote and in the choice of representa¬ 
tives, the citizen who fails to do more than this, fails of his 
duty—fails to appreciate the nature of his government. If 
the mass of citizens did not do more than vote for men to 
make laws, the citizen would in no sense be the ruler ; he 


62 


GOVERNMENT AND LAW. 


would approach much nearer to the station of slave than to 
the estate of sovereign: 

7. If, however, those who elect the law-makers also 
direct what sort of laws they shall make, prescribe their 
duties, fix limits to the discretion which must necessarily 
be granted in representative government and compel obedi¬ 
ence to their will, the electors (those who elect) are in fact 
the rulers, while the elected (the representatives—or, as we 
have styled them, the law-makers) are only the servants or 
agents. In republican government this is what the people 
have done, and hence they are the rulers, in the sense of 
being the source of authority. In this sense they are pas¬ 
sive rulers, and if they would maintain their authority, and 
from time to time improve their government, they must 
become active rulers. Having determined what sort of 
laws shall be enacted, if they exercise a watchful super¬ 
vision over the method of executing their will, and choose 
wise and discreet officers for that purpose, they become ac¬ 
tive rulers. Under such circumstances a citizen’s vote is 
his exercise of ruling power. 

8. The means or agency by which the people direct 
their representatives, prescribe duties, and limit discretion¬ 
ary power, is the Constitution or organic law. The means 
they adopt for compelling obedience to their will is the 
creation of “ checks and balances.” These last consist in 
the judiciary, and certain other officers created by the Con¬ 
stitution, and who are not therefore subject within their 
official spheres to legislative control. The departments of 
government, their relations to each other, and the manner 
in which they act, the one as a check upon another, will be 
explained hereafter. 

9. It only remains to be stated how constitutions are 
established, in order to demonstrate how thoroughly the 
people reserve to themselves and exercise the right of gov¬ 
erning. 


METHOD OF ADMINISTERING POPULAR GOVERNMENT. 63 


10. In the organization of a government republican in 
form, a convention is called, and the people elect its mem¬ 
bers. The convention meets with or without instructions 
from their constituents, and frame a constitution. The Con¬ 
stitution thus framed is submitted to the people for adop¬ 
tion or rejection. If adopted, it becomes the law of the 
people—the governing body—and controls the officer and 
law-maker, as well as every other citizen. If the Legislat¬ 
ure should pass a bill in conflict with the Constitution, the 
Governor—an officer the people provided for in the organic 
law for that purpose among others—would refuse to sign it, 
and without his signature the people have declared no stat¬ 
ute shall have any recognition or binding force, unless the 
Legislature should pass it over the Governor’s objection 
(veto) by a majority of two thirds of its members. Even 
though it should be thus passed, or the Governor should 
fail to detect the unconstitutionality of a measure, or should 
for any reason sign such a measure, the people have pro¬ 
tected themselves against a law in conflict with their ex¬ 
pressed will by creating a court to decide whether any 
given law is constitutional. If this court—the Supreme— 
decides against the act, the people have said such decision 
is a finality ; no appeal can be taken. 

11. The Legislature may propose amendments to the 
Constitution, but they must be submitted to the people for 
adoption, and, unless a majority of the votes cast by the 
people be in favor of such amendments, they can not take 
effect. Not only so, but proposed amendments must be 
submitted in a definite and prescribed manner. They can 
not be submitted at any time and in any manner, thus tak¬ 
ing advantage of the people when off their guard; for the 
people themselves have provided that every citizen shall 
have ample time to consider proposed changes, and every 
voter an opportunity to record by ballot his wishes in the 
premises. 


64 


GOVERNMENT AND LAW. 


12. Instead of proposing amendments, the Legislature 
may propose that a convention be held to revise and amend 
the Constitution. But the Legislature can not call a con¬ 
vention : it can only authorize a vote of the people to de¬ 
termine whether a convention shall be held. If a majority 
of the votes cast on the proposition be in favor of a con¬ 
vention, the people themselves choose the members of the 
convention, and afterward vote upon and adoj>t or reject 
the work of the convention. 

13. Not only have such measures been adopted, but the 
people have gone further in the protection of their rights, 
and in securing their power against encroachments or usur¬ 
pation. They have not only provided that the acts of their 
representatives when not in accord with their will, as ex¬ 
pressed in the law which they themselves established, shall 
be inoperative and void, but they have also j)rovided the 
means for punishing those representatives and officers for 
violating that will. 

14. Thus it is seen how entirely the people reserve to 
themselves the ultimate power of government; how the 
citizen, sustained by the majority, is a ruler and a sovereign 
in authority over his agents, representatives, or servants— 
the public officers. Yet people sometimes become ignorant 
of the power they possess, and it slips away from their 
grasp, to be recovered never, except at the cost of blood and 
treasure, and often consequent debts which oppress them 
and their descendants for generations. 

ANALYSIS.—JIO W THE PEOPLE GOVERN. 

1. It is manifestly impossible for a very large body 
of people, such as all the citizens of a State, to assemble 
and express its will on any subject. It w T ould be im¬ 
possible also for them to adjust and harmonize differences 
of opinion and desire. Hence, representatives become nec¬ 
essary. 


ANALYSIS.—nOW TIIE PEOPLE GOVERN. 


65 


2. The whole people, acting in smaller bodies or by com¬ 
munities and localities, select these representatives for the 
purpose of organizing a form of government. 

3. The representatives (called delegates) to a conven¬ 
tion can not take any advantage of the people by establish¬ 
ing a government repugnant to their wishes, or antagonistic 
to their interests, because they are not vested with any 
power to establish government, but only to propose a form 
for adoption by the people. 

4. In establishing a form of government by the adop¬ 
tion of a constitution, the people clearly define and rigidly 
limit the manner of its administration and the extent of 
the powers intrusted to its administrative officers. 

5. In order to secure obedience by these officers, they 
create departments largely independent of each other to 
discharge the various functions of government; and the 
co-operation of these departments is necessary to the man¬ 
agement of government. 

6. All these officers are directly responsible to the peo¬ 
ple, and subject to their control in three ways : 

First, by fixed tenure of office and frequent elec¬ 
tions. 

Second, by removal from office for a violation of the 
trust imposed. 

Third, by punishment for misdemeanor in office. 

All these safeguards are directly provided by the peo¬ 
ple themselves in the very organization of government, and 
they are ample and sufficient for their purpose, provided 
the people are careful to choose competent and faithful cit¬ 
izens to conduct the government thus formed. 

7. It will be seen from the foregoing that government 
is a complicated piece of machinery. It requires a large 
number of officers and the expenditure of large sums of 
money. These things are unavoidable, and the safety of 
republican, or democratic, government depends on this 


66 


GOVERNMENT AND LAW. 


necessary complication. The distribution of powers is an 
effectual check against usurpation and tyranny. 

8. It has also been seen that government fails to accom¬ 
plish all that is desired of it, or to prevent sometimes that 
which it undertakes to guard against. But if, when the 
people themselves rule, the government fails to answer 
their expectation, or fulfill their wishes, what could they 
expect of those forms of government whose rulers do not 
consult the popular will in the exercise of authority ? 


CHAPTER XIII. 

SUFFRAGE. 

1. It has passed into an adage that “ government is a 
necessary evil.” The statement is a very faulty and erro¬ 
neous expression for a self-evident and almost universally 
recognized truth. It is meant to convey the idea that gov¬ 
ernment necessarily requires individual sacrifices and some¬ 
times imposes burdens. It is not only an erroneous but 
an injurious statement. To say of government that it is 
necessary , while we designate and characterize it by such 
repulsive terms as “ evil,” does not tend to create a regard 
for it nor induce a cheerful obedience to its authority. In¬ 
deed, the citizen to whom the statement is made may rea¬ 
sonably ask, If it be an evil, is it “ necessary ” ? More¬ 
over, it is an instinct, if not a duty, to ward off and escape 
from evil. If, therefore, we can thoroughly impress the 
mind with the belief that government is an evil, no quali¬ 
fying term will prevent the disposition—lurking and last¬ 
ing—to cheat it of its dues and to throw it off at the first 
opportunity. Such a disposition under such a belief is nat¬ 
ural and right, and is, therefore, ineradicable except by the 




SUFFRAGE. 


67 


acceptance of the truth and the abandonment of the erro¬ 
neous impression conveyed by the statement. 

2. Government is not an evil, and consequently it can 
not be a “necessary evil.” That which secures to us the 
enjoyment of life, liberty, and property, can scarcely be 
said with truth to be an evil. The circumstances which 
render government necessary are evil, and government is 
established to overcome that evil. The support and main¬ 
tenance of government are attended with inconveniences, as 
we have seen, but that logic which would ascribe to an end 
the character of the means of obtaining that end would 
pronounce the health and happiness of a man’s family an 
evil because it cost him toil and money to supply them 
food, clothing, and shelter. It would denounce as evil the 
honors, emoluments, and comforts of life because they are 
obtained by anxious care, fretful toil, and patient wait¬ 
ing. 

3. The indifference, carelessness, and inactivity of the 
citizen, which contribute nothing whatever to the strength 
or improvement of government, and which, if general, could 
but tend to the weakening and ultimate destruction of pop¬ 
ular freedom, are attributable largely to the degradation of 
government in the esteem of the citizen by the impression 
this false statement creates. Men neglect their political 
duties because they do not fully appreciate the value of 
those duties and their consequent responsibility. 

4. We speak of the franchise—the right of suffrage, 
the privilege of voting—as if it were a matter of indiffer¬ 
ence, except to the gratification of a personal whim, whether 
we express our will or choice at the polls. A state of pub¬ 
lic feeling of this kind is not merely an evil, but a danger¬ 
ous evil. 

5. We have learned that government is a combination 
and co-operation of individuals for protection ; that the 
possession of property, the protection of life, and the en- 


08 


GOVERNMENT AND LAW. 


joyment of liberty depend upon it. We have seen that the 
greatest liberty and the least restraint are found in a gov¬ 
ernment by the people (represented, it is hardly necessary 
to repeat, by the majority). In such a government, each 
citizen is the custodian of the rights, liberty, and happiness 
of every other citizen. In the affairs of men no greater or 
more sacred trust could be conceived. But we have also 
seen that the only possible means of discharging this trust 
is by a system of representation and delegation of powers, 
secured by suffrage. To vote, then, is a duty rather than 
a privilege—a grave and responsible duty ; and he who, 
appreciating the value of the trust, the meaning and effect 
of a vote, refuses to cast his ballot in elections, is guilty of 
a crime against society and sound morals. 

6. No justification is ever offered for the loss or dete¬ 
rioration of a personal estate by the indifference and negli¬ 
gence of the curator and guardian. But the citizen of a 
republic is the guardian and administrator of multiplied 
thousands of estates. To no other question pertaining to 
popular government and personal rights does more impor¬ 
tance attach than to the effect, value, and duty of voting. 
If a man enters into a business partnership with other men, 
he feels in honor bound to foster and protect the business 
interests of the firm. The obligation that rests upon him 
is certainly not diminished by the increase of business and 
the enlargement of the firm or corporation. Government is 
essentially a business corporation, of which all its citizens 
are members. Again, if the curator of a personal estate 
permits it to suffer loss by his neglect, government holds 
him personally liable. Why should it excuse, and not pun¬ 
ish, the negligence of the administrator of the larger es¬ 
tate ? Why should the government not impose the penalty 
of a fine for the willful failure to vote ? 

7. There is, of course, no way by which the will of the 
people can be determined except by the votes cast at an 


SUFFRAGE. 


69 


election, and the majority of votes polled being cast for a 
measure or a candidate for office, must be taken as the ex¬ 
pression of the will of a majority of the people for that 
measure or candidate. Now, if a majority of the people 
refrain from voting, the expressed will of the minority pre¬ 
vails, and that will may be in opposition to the wishes or 
the interests of the majority. Or, if a majority of the 
people should vote, and a large number of citizens refrain 
from voting, it may happen that the majority of the votes 
cast will conliict with the will of those not voting, while if 
they had voted the result would have been different. In 
either case we would have minority rule and a subversion 
of the foundation principle of republican or popular gov¬ 
ernment. 

8. Extending the illustration, we may still further trace 
the injurious effects of such neglect upon the part of voters. 
If the people of a county permit the nomination of a man 
and his election as a member of the State Legislature by 
the votes of the minority, it follows, almost as certainly as 
effect follows cause, that he will be about as indifferent a 
legislator as his constituents are indifferent citizens. Or, 
if the people should have so poor an appreciation of the 
importance of government as to regard and treat the elec¬ 
tion of a representative as merely an opportunity to com¬ 
pliment some good-natured neighbor,* they are extremely 


* The theoretical case above presented is drawn from the actual and fre¬ 
quently recurring facts within the experience of every man in public life. 
When the time approaches for nominating a man for the Legislature (also true 
of other offices), one can hear on all sides the remark: “ Mr. Black had the 
office once, now let us send Mr. Brown. He is a clever fellow, and he wants 
to go to the Legislature.” Such considerations frequently determine a man’s 
election. Hot once is the view taken, “ Now we have important interests at 
stake , let us send our wisest and best man to guard them .” The man elected 
takes his seat, draws his pay, helps to pass injurious laws, and permits others 
to pass, through his incompetence and ignorance. Then his constituents com¬ 
plain. But let it be distinctly understood that they have no right to complain ; 
no conceivable justification of their complaints can be made; they did not 


70 


GOVERNMENT AND LAW. 


liable thereby to delegate their powers to some incompetent 
man, and intrust their rights and liberties to weak brains 
and feeble hands : the nature of the soil generally deter¬ 
mines the character of the plant. 

9 . While a county thus negligent deserves to suffer by 
the neglect or mismanagement of such of her affairs as are 
subject to legislation, the interests of all other counties in 
the same State are jeopardized by that carelessness. The 
vote of one man may be sufficient to barter away the rights 
of the whole people, or fasten on the State an oppressive 
debt. Again, this evil, like all others, has an influence out- 
reaching its immediate effects : being repeated, it disgusts 
the people, brings contempt upon their law-making body, 
diminishes respect for law, weakens the power of govern¬ 
ment, and consequently diminishes the safeguards of per¬ 
sonal liberty. 

10 . In the foregoing it is taken for granted that the 
citizen has a will to express. The value of suffrage does 
not consist in the mere mechanical act of depositing a bal¬ 
lot at the polls. If the citizen has no judgment or will of 
his own in reference to a matter submitted to the people 
for decision, or if he does not know what would be the 
effect of a measure upon which he is to vote, his ballot is 
just as likely, if uninfluenced, to be cast upon one side as 
upon another ; for the wrong as for the right; for oppres¬ 
sion as for liberty. But the implication that the vote of 
such a man may be uninfluenced is a violent presumption, 
not sustained by well-known facts, and disproved by legal 
enactments against bribery. If the intelligent citizen has 
not a sufficient inducement to take care of his political 
rights by his vote, in the fact that his personal interests and 
those of his neighbors are involved, he may at least be 

elect tlie man to do anything in their interest, hut to compliment him for 
being a good fellow: he remains faithful to qualities for which he was elected 
(good-fellowship), and his constituents deserve to suffer. 


SUFFRAGE. 


71 


assured that others, who are incapable of drawing nice dis¬ 
tinctions between bribes and legitimate fees, will find a suffi¬ 
cient inducement, in the pecuniary rewards offered, to vote as 
the purchasing party directs, regardless of the consequences. 

11. Hence, education is seen to be a governmental ne¬ 
cessity. The citizen can not be expected to discriminate 
between a salutary and an injurious measure when he is 
incapable of being instructed by the public press. Nor is 
it alone necessary that he should bo able to read ; for the 
newspapers, as is natural, are prejudiced by the views of 
the political parties they represent, and present every pub¬ 
lic and political issue with the coloring of all that may be 
said in favor of their views—with all that can be said 
against the views they oppose—with nothing damaging to 
their own cause, and nothing favorable to the measures to 
which they object. 

12 . But, whatever his ability, the citizen has the right 
to vote, and will exercise that right. He should, therefore, 
be able to form a judgment for himself, independently of 
what is told him, of the effect upon government and public 
interests of the measures presented for his approval or con¬ 
demnation. To be able to do this he must understand the 
nature of government, be somewhat familiar with history, 
and be capable of making intelligent and just comparisons 
of historical facts. 

13 . The vote of illiteracy is a disgusting farce, which 
may in time, under favoring circumstances, develop into 
terrible tragedy. Yet a large mass of ignorance in any 
community is always dangerous when it finds itself under 
restraints which an inborn suspicion interprets as oppres¬ 
sion. The importance of education and intelligence in rulers 
will not be questioned, and, when it is understood that in a 
republic every citizen is a ruler, it will be seen that uni¬ 
versal education is an indispensable means for the preserva¬ 
tion of republican freedom. 




72 


GOVERNMENT AND LAW. 


14. Closely allied to the question of suffrage is that of 
political parties. When we speak of majorities and minori¬ 
ties, we mean that there are a greater number of citizens 
who agree on certain measures and principles than the 
number who agree upon certain others. If these measures 
and principles are such as to have a continuous application 
in governmental affairs for a period of years, or perma¬ 
nently, they become characteristic of those wdio agree, and 
consequently vote together. This agreement and conse¬ 
quent political co-operation of bodies of citizens in public 
matters constitute political parties. The conception of gov¬ 
ernment by majorities, and the existence of minorities, which 
express their opinions and make themselves known in oj> 
posing the majorities, is therefore an impossibility without 
the conception, also, of political parties. 

15. The principles advocated by these parties embrace 
usually all the features and functions of government. The 
members of the several parties differ on many of the ques¬ 
tions and principles advocated and maintained by their 
respective organizations. These differences of opinion are 
unavoidable, and yet united action (as though no differences 
existed) is a necessity. 

16. This apparent inconsistency has occasioned preju¬ 
dice against political parties ; and yet, a little reflection 
will show that it could not be otherwise. No purpose 
could be accomplished without co-operation : there can be 
no co-operation among men without concessions. We have 
already seen that government implies sacrifices of opinions 
and desires ; but government is conducted by parties—that 
is, by combinations of individuals. Therefore, there must, 
of necessity, be a suppression of differences on questions 
of minor importance, in order to secure united support of 
measures deemed more important and even essential to the 
general good. The rule extends so far that at times—upon 
occasions of great emergency—it is the duty of a party to 


SUFFRAGE. 


73 


concentrate its whole strength upon one or tw r o central 
ideas or leading principles, to the exclusion, temporarily, of 
all other questions. 

17 . Out of these facts have sprung the “caucus” and 
“ party discipline.” They are both legitimate and neces- 
sary ; but each member of a party is bound as a good citi¬ 
zen to judge for himself to w r hat extent his duty to govern¬ 
ment requires him to w T aive his opinions, and when he is 
bound to refuse to follow his party, or be faithless to his 
convictions of honor and right. Every citizen is in honor 
bound to do that which in his judgment is calculated to 
accomplish the most good for the government, and the rule 
often leads him to cast his vote with a party, many of 
wdiose tenets he does not indorse, rather than with another 
party whose policy and view^s he can not approve. Thus 
the citizen is called upon to decide betwmen parties, prin¬ 
ciples, measures, and men. To exercise correct judgment 
requires intelligence, and intelligence results only from 
education. 

18 . These principles are, of course, subject to abuse, 
especially by the ignorant and* credulous or the unscrupu¬ 
lous, and they are abused ; but no casual state of facts can 
change established principles. Again, the abuse could not 
be so general if the large and respectable class which is in¬ 
different to politics should take an interest therein, instead 
of carping at a condition induced by their own unjustifiable 
neglect of a high and responsible duty. No man’s morality 
or respectability is so pure and lofty that he can afford 
to neglect a duty, though its performance takes him among 
those •whose skirts are not so clean, even in the pool of 
politics. Indeed, it is a question who has the greater re¬ 
sponsibility—the respectable citizen w T hose negligence per¬ 
mits his government to become endangered by corrupt rule, 
or the less respectable and honorable one, who takes advam 
tage of bis w r ell-know r n indifference, 

4 




n 


GOVERNMENT AND LAW. 


CHAPTER XIV. 

THE RELATIONS SUSTAINED BETWEEN DIFFERENT 

G 0 VERNMENTS. 

1. A variety of circumstances have given rise to dif¬ 
ferent and independent governments. Some of these causes 
were indicated in Chapter IV, in the discussion of the 
origin of human governments—the separation of tribes by 
greater or less distances and infrequent or non-intercourse. 
Differences of disposition and habits of life contributed 
largely to the same end. Still another cause is found in 
different interests, commercial and otherwise. 

2. But the most important causes, and on w T hich the last 
two named largely depend, are, first, natural circumstances, 
giving rise to greater facility of government, and more 
general prosperity ; and, second, diversity of language. 

3. The foregoing are general reasons. For the specific 
causes which have led, from time to time, to the separation 
of a portion of the people from the established governments 
and the creation of others, we must consult history. It is 
not necessary to consume time with these questions while 
studying the forms of the government under which we live, 
except as they immediately affect us. We recognize the 
existence of separate governments and consider the rela¬ 
tions existing between them, because these relations affect 
our own government’s welfare, and are matters with which 
we, as citizens, have to deal more or less remotely. It is 
necessary, however, that we be informed of the facts giving 
rise to our independence as a nation, and of the origin of 
our States, in order that we may understand the nature 
and character of the governments under which we live. 
The facts will be briefly presented in Part II of this book. 
The Declaration of Independence, also given in Part IV, 
is a clear, exhaustive, and forcible statement of the causes 


TIIE RELATIONS BETWEEN GOVERNMENTS. 75 

which compelled a separation of the United States from 
Great Britain. 

# 4. The word “states” is frequently used to designate 
separate or independent governments. For instance, we 
frequently refer to the “ states of Europe ”—meaning the 
governments of Europe ; the “states of North America”— 
meaning the United States Government, the Republic of 
Mexico, the Dominion of Canada, etc.; the states of South 
America, meaning Brazil and other governments of South 
America. Section 14 of Chapter VIII defines the word 
“ state,” as thus used. But, in the government under 
which we live, this word is applied only to the common¬ 
wealths, as the “States of Iowa, Missouri, Kansas, Arkan¬ 
sas,” etc., and in current language we designate the United 
States Government as “the General Government,” “the 
Federal Government,” or “ the National Government.” The 
word “ nation ” is also used synonymously with government , 
as “the nations of Europe,” “the French nation,” “the 
German nation,” etc. 

5. The different governments of the world have inter¬ 
ests in common, and find it necessary to regulate their in¬ 
tercourse by fixed rules or principles. One government 
trades with another government, or the citizens of one 
government maintain commercial relations with those of 
another. Where these interests are common to all, they 
are regulated by rules applicable to all, and these rules are 
termed international law (law between nations). 

6. Nations claim the right of exclusive jurisdiction over 
the waters of the sea along their entire coast-line for a dis¬ 
tance of three miles from the shore. This claim is rec¬ 
ognized by all as necessary to national protection and 
right. The high seas—that is, the waters of the seas or 
oceans which are without these bounds—are the high¬ 
ways of travel and communication between nations, and 
they must all have equal rights and protection thereon. 


76 


GOVERNMENT AND LAW. 


Certain rules and principles are therefore formulated and 
agreed upon for the guidance and protection of the shq:>s 
of nations and their cargoes, in times of peace and of w^r 
with other nations. Again, when one nation is at war with 
another nation, or with some portion of its own people, or 
dependencies, disinterested nations are expected to main¬ 
tain an “ indifferent and impartial posture ” toward the 
contending parties. 

7. This impartial posture is called neutrality. What it 
takes to constitute neutrality is a question which can not be 
left entirely to the decision of each nation separately, and 
to the time when its maintenance is required, or useful. 
Otherwise it could not, in the nature of the case, be law. It 
must be defined and regulated by agreement of nations, and 
each one is regarded by all the others as in honor bound to 
observe it. Other interests are common among nations ; 
but these illustrations are sufficient to explain the meaning 
of the expression, “international law.” 

8. Two or more nations may have interests common be¬ 
tween themselves only. They dispose of such questions by 
agreement between themselves, and other nations are not 
affected thereby. While the agreement between the con¬ 
tracting powers is a law between them—the nations thus 
agreeing—and therefore, strictly, an international law, it is 
not so called. The expression “ international law ” is used 
technically, and means the general law applied to and ob¬ 
served by all nations. Approved and general custom is our 
law for the use of terms. 

9. The relations existing between governments are vari¬ 
ous, and are regulated in different ways. We use, there¬ 
fore, different words and phrases to indicate their mode of 
adjustment. Sometimes disputes arise as to boundary-lines 
between governments whose territory lies contiguous—as 
the United States and the British possessions in North 
America. At other times one power feels aggrieved at 


THE RELATIONS BETWEEN GOVERNMENTS. 


77 


another power for an alleged violation of the principles of 
international law, and claims that its citizens have suffered 
damages by such violations. These, and many other ques¬ 
tions affecting the interests of governments, are subjects of 
mutual agreements, called treaties. 

10 . Treaties are of various kinds, and are made by differ¬ 
ent methods, as we will see in a few illustrations to be pres¬ 
ently given. The Constitution of the United States vests 
the power of making treaties with the President, “ by and 
with the advice and consent of the Senate,” and requires 
the concurrence of “ two thirds of the Senators present.” 
The Constitution also forbids the States to make any com¬ 
pacts or alliances with each other, or with foreign powers— 
to make treaties—without the consent of Congress. 

11. The usual method of making a treaty is by an agree¬ 
ment on its terms and conditions by the President and the 
power with whom he deals, and its subsequent submission to 
the Senate for approval. In this way the United States 
have entered into a great many treaties with Indian tribes. 
In 1867 a treaty with Russia for the purchase of Alaska 
was made in this way. Several Presidents have consulted 
Congress before making treaties involving the purchase of 
territory. Louisiana, embracing also Arkansas and Mis¬ 
souri, was purchased in this way in 1803. 

12 . Sometimes the interests involved are so great, and 
the questions arising out of them so delicate and difficult to 
settle, that the powers interested agree to establish a com¬ 
mission to decide the existing differences. Peace between 
this country and Great Britain, after the War of 1812, was 
secured in this way. Governments also sometimes agree to 
submit their differences to arbitration. Thus, after the 
close of the recent civil war, England and the United States 
agreed to submit to arbitration the claim of the latter for 
damages, by reason of the former’s neglecting due vigilance 
to enforce international law, and thus permitting the build- 





78 


GOVERNMENT AND LAW. 


ing in English ports of war-vessels intended to prey upon 
the commerce of the United States, and to break the block¬ 
ade of the Southern ports. Damages were awarded to the 
United States, and paid by the British Government. 

13. Governments acquire territory, establish boundary¬ 
lines, regulate trade and commerce, secure peace, enter into 
alliances, determine the conditions of naturalization, fix uni¬ 
form rates of postage, contract with each other for the ren¬ 
dition of fugitives from justice, confer “ equal privileges as 
regards customs or charges on imports, and in other re¬ 
spects,” on each other, etc., by treaty. The last named is 
called a reciprocity treaty. The agreement to deliver up 
certain classes of criminals who seek refuge from their own 
government in another, is called an extradition treaty. 

14. Thus far we have seen that the governmental rela¬ 
tions between states (or nations) are directed and conducted 
by treaties, and under international law, and that sometimes 
disputes and differences are settled by arbitration instead 
of by war. But other methods are sometimes adopted by 
governments in dealing with one another. 

15. First, when one power proves itself too weak to 
comply with treaty stipulations, or refuses to do so, or 
when it is powerless to enforce its own authority over its 
subjects, and consequently the peace of its neighboring gov¬ 
ernment is disturbed and its interests and prosperity are 
endangered by the continuance of such conditions, the 
stronger government assumes authority over and control of 
the weaker. The exercise of such authority is called a pro¬ 
tectorate. 

16. Second, when two governments are about to engage 
in war with each other over some dispute or quarrel, or are 
so engaged, it sometimes happens that another government 
on friendly terms with both offers its services as mediator. 

17. Third, in Europe, where many strong governments 
lie close to each other, and are, or are supposed to be, dan- 


THE RELATIONS BETWEEN GOVERNMENTS. 


79 


gerous neighbors, on account of some old grudge, or the 
desire to acquire territory, it is deemed necessary to pre¬ 
serve the “balance of power.” That is, to illustrate, two 
governments are old and inveterate enemies, or one stands 
in the way of the other, say, by its geographical position 
rendering it possible to obstruct or prevent its access to the 
high-seas, and through them to the outer world, in times of 
war. (Russia and Turkey have long borne this relation 
and this attitude toward each other.) Other governments 
recognize the fact that in case any of them should become 
involved in war with either, the other would act as a check, 
and might become a useful ally. Hence they combine to 
prevent the one from destroying the other. 

18. They go even further than this. The alliance of 
two governments might give a dangerous preponderance 
of power over others, and constantly threaten “the peace 
of Europe.” Hence, sometimes nations combine to oppose 
and prevent the formation of such an alliance. They fre¬ 
quently do not interfere with the quarrels and fights of 
others, until one is about to be crushed, or a treaty of 
peace is about to be agreed upon, which in their judg¬ 
ments militates against their several interests. Such was 
the case in the recent Russo-Turkish War. 

19. Their interference is frequently dictated more by 
a desire for self-aggrandizement than by feelings of hu¬ 
manity, or the interests of civilization ; for they appro¬ 
priate the territory of the unfortunate pow T er, and parcel 
it out among themselves, on various specious pretexts of a 
“peace congress.” Ostensibly, they step between the con¬ 
tending parties, to save the weaker from the clutches of the 
stronger—take more from him than he would have lost 
without the interference—and then graciously permit the 
bankrupt sovereign to exercise such power over his govern¬ 
ment as will not disarrange their joint administration of 
his estates. 







80 


GOVERNMENT AND LAW. 


20. The United States has fortunately been free from 
such entangling alliances. Her power is dominant on this 
continent. It would be suicidal for any one of the other 
governments on the continents of North and South Amer¬ 
ica, or for all of them combined, to attack her. Being 
dominant, she has no disposition to interfere with or weaken 
any of them. Should an occasion arise when the attitude 
of any of them and their relations with foreign govern¬ 
ments threatened the peace, prosperity, or safety of our 
government, she would promptly and effectually break 
their power. 

21. Our geographical position is such—great expanses 
of seas and oceans lying between us and the governments 
of the Old World—that it would be both expensive and dan¬ 
gerous for other nations to meddle with our affairs. They 
could not compel us to submit to any dictation or arrange¬ 
ments they might see fit to make for the disposition or con¬ 
trol of any of the territory of the New World, while an effort 
to do so would, perhaps, fatally weaken them, and leave 
them at the mercy of their neighbors. 

22. This government, however, must necessarily protect 
her institutions and her interests against any interference 
by other governments, and prohibit any governments of the 
Old World to “extend their systems to this hemisphere,” or 
in any way exercise permanent authority over the govern¬ 
ments now existing here. This principle was first formally 
asserted by President Monroe in 1823, and has since that 
time been called the “ Monroe doctrine.” 

23. At the present time (1880) the question of a ship- 
canal across the isthmus connecting North and South 
America is being agitated. Foreign capitalists are inter¬ 
ested, and might obtain a controlling interest in it, thus 
furnishing a pretext to a foreign power to control the 
canal itself. Such a condition of affairs would give such 
power a decided advantage in case of war with the United 


REVIEW QUESTIONS. 


81 


States, which it would not otherwise possess. Hence, the 
President has recently reasserted the Monroe doctrine in 
a message to Congress. A prominent English newspaper 
denies the right of this government to take any such posi¬ 
tion, and says England will not permit it. But our people 
are able to maintain the doctrine at the cost to others, if 
necessary, of every foot of soil in the western hemisphere. 

24. These brief allusions to governmental relations be¬ 
tween nations are all that is necessary to understand at 
present. Our government deals with foreign governments. 
We elect our officers and frame the laws under which they 
act in intercourse with nations, and we may be called upon 
to approve the course of these rulers and to sustain them in 
enforcing any principle upon which the general welfare and 
national safety and existence may depend. Therefore it is 
interesting to have a slight general knowledge of these 
questions, even though our studies should be confined al¬ 
most exclusively to the civil systems of the State and the 
general governments. 


CHAPTER XV. 

REVIEW QUESTIONS. 

CHAPTER X. 

[See note on page 50.] 

1. What is the primary meaning of the word “ law ” ? (1.) Illustrate. 

2. What kind of law produces the results named ? (1.) 

3. Is Nature governed by chance or accident ? (2.) What is the rea¬ 
son for your answer ? 

4. If by design, what definition may be given of law ? (2.) 

5. Give the definition in other words. (2, last clause.) 

6. Why is natural law not written ? (3.) 

7 . How can we read it ? ( 3 .) « 

8. Is man subject to any other than natural law ? (4.) Why ? 






82 


GOVERNMENT AND LAW. 


9. What part of man’s nature renders additional law necessary ? (5.) 

10. What is the difference between the power of man and the Creator 

to execute their will ? (6.) 

11. Does the same difference exist where there is a combination of 

men ? (6.) 

12. What else besides an expression of the will of a combination of 

men (government) is necessary to the execution of that will ? (6.) 

13. From these facts, what other definition of law is derived? (6.) 

14. In studying civil government, what meaning of the word “ law ” is 

sufficient ? (7.) 

15. What rules and obligations may be excluded ? (8.) 

16. Out of what does the greatest necessity for written law spring? 
(9.) 

17. In what governments is there greatest respect for law, and greatest 

liberty ? (9.) 

18. What is the meaning of the expression “ statutory law ” ? (10.) 

19. Why do we generally mean the statutes when we speak of law ? 

( 10 .) 

20. What is meant by organic law ? (11.) 

21. Why is it so called, and what other name has it ? (10.) 

22. What are the laws of municipal corporations called? (12.) 

CHAPTER XI. 

23. What is meant in this chapter by authoritative law ? (1.) 

24. What sort of obedience must be rendered such a law? (1.) 

25. Who has the right to determine whether a law is constitutional ? 

( 1 ) 

26. Would government be possible if each man were permitted to act 

upon his own views of the constitutionality of a law ? (2.) 

27. If one man can not set law aside, can any number of men do so ? (3.) 

28. Can numbers change principles ? (3.) 

29. Can the majority change a law, or set it aside at any time and in 

any manner ? (4.) 

30. Is it possible to have a perfect system of laws ? (5.) Why not ? 

31. What circumstances prevent laws from being perfect? (6.) ' 

32. When men would frame laws, and their experiences (on which the 

law is based) differ, by what means do they reach a conclusion ? (7.) 

33. Why is it that all the communities which are to be governed by the 

same law can not entirely agree on all the features of that law ? (8.) 

34. Is there any reason, aside from the nature of a law, which sometimes 

makes it a hardship ? (8.) 


REVIEW QUESTIONS. 


83 


35. Is there anything in the circumstances of a people, or the conditions 

of government, which would render laws applicable at one time unfit and 
defective at another ? (9.) 

36. But can these laws be changed instantly with the changed condi¬ 
tions ? (9.) 

37. What is the result ? 

3S. Admitting that no fault can be found with a law itself, what two 
difficulties are insuperable in its administration? (10.) 

39. Is it right to inflict punishment before guilt is proved, or to permit 

any number of men to apply the penalties of a law before it is established 
that the law has been violated ? (10.) 

40. What is the objection to permitting such a course? (10.) 

41. What is the remedy for defective laws ? (11.) What sort of 

remedy is this ? 

42. What do you say of mob law ? (11.) 

43. But suppose crime would sometimes escape punishment if the mob 

did not take the law into their own hands ? (11.) 

44. What should be thought of the law-breaker ? Is he honorable ? 

( 11 .) 

CHAPTER XII. 

45. In a republic, who rules ? (1.) 

46. Is it important that the ruler should understand the methods of 

government ? (1.) 

47. What is the law-making body ? (2.) 

48. What ratio in numbers does the Legislature of Missouri bear to the 

number of citizens ? (2.) 

49. Does the ratio of lawgivers suggest the idea of popular rule ? (3.) 

50. But the people elect the law-maker: will not this fact, alone, con¬ 
trol legislation ? (3.) 

51. If not, could they not control it by instructing those they elect, and 

exacting pledges from them? (5.) Why? 

52. What else is necessary in order to enable us to say with truth, “ The 

people rule ” ? (7.) 

53. In what sense are the people of*a republic the rulers? (7.) 

54. What is the difference between a passive and an active ruler ? (7.) 

55. By what means do the people direct their law-makers ? (8.) 

56. How do they compel them to obey this instrument ? (8.) 

57. What is meant by “ checks and balances ” ? (8.) 

68. Explain the process of adopting a constitution, and show how it is 
the authority and power of a people in governing ? (10.) 

59. Can the law-makers change the Constitution ? (11.) 





84 


GOVERNMENT AND LAW. 


60. Explain how changes or amendments are made? (11, 12.) 

61. What other means have the people adopted to compel obedience to 
their will as expressed in the Constitution ? (13.) 

62. But if the people forget and neglect to exercise their power, what 

consequences may follow ? (14.) 

ANALYSIS. 

63. Why are representatives necessary? (1.) 

64. How are representatives elected ? (2.) 

65. Why could not the representatives chosen to frame a system of gov¬ 
ernment take 1 advantage of their constituents and oppress them ? (3.) 

66. What does a constitution do or provide ? (4.) 

67. What relation do the departments of government bear to each 

other ? (5.) 

68. In how many ways arc the officers of government subject to the 

control of the people ? (6.) 

69. On what condition does the sufficiency of these precautions depend ? 

( 6 .) 

70. What is the value of a distribution of powers ? (7.) 

71. If, under all these safeguards, government sometimes fails to fulfill 

our desires, could we expect to be benefited without them ? (8.) 

CHAPTER XIII. 

72. Is it true that government is a necessary evil ? (1.) 

73. What is meant by the expression? (1.) 

74. What is the effect of regarding government as an evil ? (1.) 

75. Explain why government is not an evil. (2.) 

76. To what extent might the same reasoning which concludes that gov¬ 
ernment is an evil, be carried ? (2.) 

77. To what is the indifference and carelessness of the citizen largely 

attributable ? (3.) 

78. now do men speak and act with regard to suffrage? (4.) 

79. What would you say of such a disposition ? (4.) 

80. Can we conceive of a more* important trust than that exercised by 

the ballot ? (5.) 

81. Is voting a privilege or a duty? (5.) 

82. What constitutes the difference of degree in the responsibility of the 

administrator of a personal estate, and the citizen, as administrator of the 
public estate ? (6.) 

83. What is the only means of determining the will of the majority ? 


REVIEW QUESTIONS. 


85 


84. What must necessarily be taken as an expression of that will? 

(*•) 

85. How, then, may indifference lead to minority rule ? (7.) 

86. What is likely to be the character of the legislator elected by an 

indifferent people ? (8.) 

87. Who else is affected by the negligence of a county in electing a leg¬ 
islator besides the county itself ? (9.) 

88. What secondary effect does the evil produce ? (9.) 

89. If the citizen is ignorant and has no will of his own, how r is he likely 

to vote ? (10.) 

90. Now, if the intelligent citizen has not patriotism sufficient to induce 

him to perform the obligation he is under to vote, will it not be easy to sub¬ 
vert the principles of popular rights ? (10.) 

91. What is said of education ? (11.) 

92. What should the citizen be sufficiently intelligent to do? (12.) 

93. What is said of the vote of illiteracy, and to what may it lead ? 
(13.) 

94. How general should education be? (13.) Why? 

95. What constitutes political parties ? (14.) 

96. Can you conceive of government by majorities without the concep¬ 
tion of political parties? (14.) 

97. Is it sometimes necessary to vote against one’s own opinion? (15.) 
Is it right ? 

98. How do you explain the apparent inconsistency? (16.) 

99. To what extent must the rule sometimes be carried ? (16.) 

100. What does the application of the rule give rise to ? (17.) 

101. What is every citizen in honor bound to do? (17.) 

102. In order to do this successfully, requires what? (17.) 

103. Can an honorable citizen afford to neglect a political duty ? 
(18.) 

104. Who is most to blame for bad government, the ignorant man who 
votes for money, or the intelligent man who is faithless to his trust and does 
not vote at all? (18.) 


CHAPTER XIV. ' 

105. What circumstances have given rise to different governments? 

( 1 .) 

106. V'hat are the most important causes ? (2.) 

107. Where must we look for specific causes? (3.) 

108. Why should we consider the relations that exist between different 

governments ? (3.) 


86 


GOVERNMENT AND LAW. 


109. Why should we understand the facts giving rise to our govern¬ 
ments? (3.) 

110. Where may we find a clear statement of these facts, so far as they 

relate to the general government ? (3.) 

111. What meaning do we frequently attach to the word “states”? 
(4.) Illustrate. 

112. In our government, to what meaning is the word “ state ” restricted ? 

(4.) 

113. By what different phrases do we designate the United States Gov¬ 
ernment? (4.) 

114. What other word still is used synonymously with the word “gov¬ 
ernment ” ? (4.) 

115. What interests of government are regulated by international law? 
(5.) 

116. Name some of these interests. (6.) 

117. What is neutrality ? (7.) 

118. Is an agreement between two or more nations, in reference to mat¬ 
ters which affect them only, “ international law ” ? (8.) 

119. What are treaties ? (9.) What matters are alluded to in section 

9 as subjects of treaties ? 

120. In whom does the power to make treaties lie in the United States ? 

( 10 .) 

121. What does the Constitution require in this respect? (10.) 

122. What is the usual method of making treaties ? (11.) 

123. What examples of treaty-making are given in section 11 ? 

124. When questions of dispute between nations are difficult to settle, 
what means are sometimes adopted for their disposal? (12.) 

125. Give the two notable instances stated in section 12. 

126. What are “reciprocity” and “extradition” treaties? (13.) 

127. What other objects, named in section 13, do governments accom¬ 
plish by treaty ? 

12S. Explain what is meant by “ protectorate.” (15.) 

129. When is a government a mediator ? (16.) 

130. What is meant by “preserving the balance of power” ? (17.) 

131. In what country is this deemed especially necessary ? (17.) 

132. How much further do nations sometimes go in adjusting the rela¬ 
tions between themselves and others ? (18.) J^r . 

133. What is said in section 19 about the motives which dictate their 
course ? 

134. Why has the United States been free from disturbances of this 
kind? (20,21.) 


REVIEW QUESTIONS. 


87 


135. Mast all other governments be forbidden to “ extend their systems 

to this hemisphere,” or be excluded from any control over existing govern¬ 
ments on this continent ? (22.) Why? 

136. What is this rule or principle called? (22.) Why? 

137. What question is now agitating the country which involves the 

doctrine named ? (23.) 

138. What has this led the President to do recently? (23.) 

139. Is a slight general acquaintance with the subjects discussed in this 

chapter useful ? (24.) Why ? 












* 

' 




- > 



























































































PART II. 

BRIEF HISTORY OF THE UNITED STATES, 
AND OF THE STATE OF MISSOURI. 


Chap. I. —The Progress of One Hundred Years. 

II. —Discoveries and Settlements. 

III. —Character of Government in the Colonies, and 
after Separation. 

IY.—Provisions of the National Constitution affecting 
the Erection and Government of States. 

Y.—Missouri’s Admission into the Union. 

YI. —Review Questions. 

























CHAPTER I. 


THE PROGRESS OF ONE HUNDRED YEARS. 

1 . It is impossible to thoroughly understand the gov¬ 
ernment of a State without some knowledge of national 
history and the character of the national government. A 
State is a part of the general system, and we desire to 
know what relation it sustains to the whole. How did 
Missouri, for instance, get to be a factor in the general 
government? What are the reciprocal relations of the 
Federal and the State governments? 

2. To answer such questions as these, we most naturally 
begin to study that government which existed -first, and 
from which the second sprung. The political relations 
sustained between the State and the Federal governments 
are a part of the State government. 

3. The United States Government had an origin not 
very far back in the past, and we wdll shortly investigate 
the causes which gave it existence. But the government 
of to-day is very different, in some respects, from the gov¬ 
ernment at the period of its beginning—in extent of terri¬ 
tory, in population, in wealth, etc. We shall also see that 
the form of government changed after independence was 
achieved. 

4. There were originally thirteen States in the Union ; 
now (1881) there are thirty-eight. The population then 
was less than three millions ; now it is reckoned at fifty 
millions. At the close of the Revolutionary War our terri- 




92 HISTORY OF THE UNITED STATES AND MISSOURI. 


tory did not extend west of the Mississippi River, and em¬ 
braced an area of 827,844 square miles ; now it stretches 
from the Atlantic to the Pacific, and embraces an area of 
3,603,884 square miles, or 2,776,040 more than we had at 
the beginning. The territory added, exclusive of Alaska 
—which covers 580,107 square miles—is more than two 
and a half times larger than that owned a hundred years 
ago. 

5. The original States were New Hampshire, Massa¬ 
chusetts, Rhode Island, Connecticut, New York, New Jer¬ 
sey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia. The State of Ver¬ 
mont declared herself an independent State in 1777, and 
participated with the thirteen in the War of the Revolu¬ 
tion. She applied for admission into the Union as an 
independent government, but her petition was not granted. 
New York claimed her territory, and she was not ad¬ 
mitted into the Union until the last named gave her con¬ 
sent. Florida was purchased from Spain in 1819. Maine 
was formed from Massachusetts, Kentucky and West Vir¬ 
ginia from Virginia. The remaining eight States east of 
the Mississippi River were formed out of territory of the 
old States, which had previously been ceded by them to 
the general government. They are Alabama and Missis¬ 
sippi, ceded by Georgia and South Carolina ; Tennessee, 
ceded by North Carolina ; and the five States of Ohio, 
Indiana, Illinois, Michigan, and Wisconsin, which com¬ 
prised the “Northwest Territory” owned by the States, 
and by them ceded to the United States. 

6. Thus it is seen that the original domain of the Unit¬ 
ed States is occupied by twenty-five States (Florida not 
included), and lies entirely east of the Mississippi River. 
The remaining twelve States—Louisiana, Arkansas, Mis¬ 
souri, Iowa, Minnesota, Nebraska, Kansas, Colorado, Tex¬ 
as, California, Oregon, and Nevada—together with the 


THE PROGRESS OF ONE HUNDRED YEARS. 


93 


Territories added since, covering 2,716,772* square miles, 
lie west of that river, and between it and the Pacific 
Ocean. 

7. The immense territory west of the Mississippi River 
not yet organized into States, and exclusive of Alaska, cov¬ 
ers an area of 937,463 square miles. This area is equal to 
fourteen times that of Missouri, and nearly that of West 
\ irginia in addition ; or seventeen times that of Arkansas, 
and in addition more than the area embraced in the States 
of West Virginia, Maryland, Delaware, Connecticut, and 
New Jersey. The whole territory of the United States is 
nearly half of North America. 

8. By way of comparison, still further, we find that the 
value of domestic imports for the years from 1789 to 1799 
was $52,359,269, or an average of $5,235,626.90 per annum. 
Of exports, $27,944,992, or an average of $2,794,499.20, 
showing an excess of imports over exports of $2,441,427.70. 
For the year 1875 the exports were valued at $643,064,767, 
and the imports at $552,918,140 ; f showing an excess of 
exports over imports of $90,146,627. These figures show 
also that in 1875 the exports were more than two hundred 
and fifty times greater than the average annual exports for 
the ten years given. 

9. Very many other interesting comparisons might be 
made ; but they fall more appropriately within the province 
of history than within that of a study of civil government. 
The foregoing are given for the purpose merely of calling 
attention to the magnitude and progress of the great coun¬ 
try whose civil system we are endeavoring to understand. 
The question which immediately concerns us is not so much 
the extent of the country and its resources, as how did the 
government to which we owe allegiance come to exist— 

* Authorities differ somewhat as to these areas. The figures above given 
are taken from the article on the United States in the “ American Cyclopaedia.” 

f “American Cyclopaedia.” 


94 HISTORY OF THE UNITED STATES AND MISSOURI. 

what is the extent of its authority, and whence did it de¬ 
rive it ? 

10. The United States Government wields authority 
over all this immense territory. We ask, How did it come 
into possession of this authority or power ? and, to answer 
it satisfactorily, we go back and trace the origin of the gov¬ 
ernment. 


CHAPTER II. 

DISCOVERIES AND SETTLEMENTS. 

1. With multiplied thousands of vessels engaged in the 
world’s commerce, traversing the ocean in every direction 
annually, carrying millions of tons of the products of our 
soil, valued at hundreds of millions of dollars, and bringing 
back to us other millions of tons of foreign products, while 
a living tide of humanity flows back and forth, year after 
year, between the Old World and the New, seeking pleas¬ 
ure, or in the pursuit of business, it is difficult to fully real¬ 
ize that less than four hundred years ago the civilized world 
slept in profound ignorance of this wonderful hemisphere. 

2. For thousands of years the people of the Old World 
never dreamed of the existence of this continent ; and even 
after its discovery it was, for a time, not thought to be a 
new land, but one which had long been known (the East 
Indies), and which had been reached by a new direction. 
Its discovery was an accident, and it was nine years after¬ 
ward before any visitor to the new country supposed it to 
be a new continent. 

3. In 1492 Christopher Columbus discovered San Salva¬ 
dor, an island lying east and south of Florida, and also 
Cuba and other islands of the West Indian group. On his 
second voyage, in 1493, he discovered Jamaica and Porto 




DISCOVERIES AND SETTLEMENTS. 


95 


Rico. On liis third, and last successful voyage, in 1496, 
besides other islands of this group, he also discovered South 
America. He did not discover North America, and the 
United States has no jurisdiction over any of the territory 
embraced in his discoveries. But they awakened that in¬ 
terest which led to the discovery and settlement of our 
country. He believed it possible to sail around the globe, 
and, after many trials and disappointments, found in the 
Queen of Spain one who was willing to assist him in put¬ 
ting that faith to the test. The knowledge he gained in¬ 
spired others with a desire to see and explore the hitherto 
unknown regions, and as a result North America was found 
and occupied by the nations of Europe. Hence, we may 
trace our existence as a nation back to the faith and ambi¬ 
tion of Columbus. 

4 . The English, French, and Spaniards were the three 
people afterward chiefly active in explorations and settle¬ 
ment of North America. In 1498 Sebastian Cabot, bearing 
a commission from the King of England, sailed along the 
coast from Labrador south to a point in North Carolina. 
By virtue of his discoveries and explorations, as also the 
discovery of Labrador by his father, John Cabot, the pre¬ 
ceding year, the English king laid claim to the country. 
No settlement was made or attempted for long years after¬ 
ward. 

5 . The first exploration of any portion of our territory 
by the Spaniards was made under the leadership of Juan 
Ponce de Leon in 1512. He had no thought of discovery 
beyond the Bahama Islands, but by chance landed in Flor¬ 
ida. Exploring the coast southwardly, he claimed the 
country in the name of the Spanish king. Again, no settle¬ 
ment was attempted. 

6. In 1524 the French undertook an exploration in the 
New World, and an expedition under John Yerrazzano was 
sent out. With one ship he reached the shore of what is 


96 HISTORY OF THE UNITED STATES AND MISSOURI. 


now North Carolina, and continued his voyage of discovery 
north to Newfoundland. Thus he traveled over the same 
course, in an opposite direction, that had been taken by 
Sebastian Cabot in 1498. No settlements were attempted 
by the French for seventeen years after this period. 

7. Indeed, it is a curious fact that, while all Europe 
was excited over the exaggerated reports of the marvelous 
wealth and magnificent beauties of the New World,.no 
colonization was attempted for many years after its dis¬ 
covery, and no permanent settlements were made for over 
one hundred, except at St. Augustine, Florida, by the Span¬ 
iards in 1565. The impression seemed to be general that 
gold and silver were abundant, and that fabulous wealth 
might be had at the cost of finding only. Possibly this 
infatuation, which cost nearly a life-time, disheartening 
failures, and terrible misfortunes by land and sea, to cor¬ 
rect, sufficiently accounts for the delay in settlement. 

8. Nevertheless, the different explorers claimed, each 
for his own king, ownership of the whole country. This 
claim was based on what is called the “ right of discovery,” 
and occasioned conflicts between the claimants after settle¬ 
ments were established. If there be any right to possess 
in the mere fact of discovery, then, clearly, the prior claim 
must be respected, and the English were entitled to owner¬ 
ship of North America by virtue of Cabot’s discoveries. 

9 . Whatever may be said of the “ right of discovery,” 
it will at least not be questioned when coupled with occu¬ 
pancy of an unoccupied territory. But the territory of 
North America was not unoccupied when Europeans dis¬ 
covered it. A wild and uncivilized people, who came, no 
one knows how or when, were found in every section of 
the country. It would be profitless to discuss here whether 
the Indians possessed a right to the soil. Such right was 
not recognized, as a rule, and they were dispossessed, sup¬ 
planted, and driven off. 


DISCOVERIES AND SETTLEMENTS. 


97 


10 . Whether right or wrong to wrest the country from 
the Indian, no one will ever he able to justify the treat¬ 
ment he received from the beginning. It was heartless, 
cold-blooded, brutal, and murderous. On all hands, by 
every one who came, regardless of the hospitality and kind¬ 
ness he exhibited, he was met with ingratitude, treachery, 
and slaughter. It is not at all strange that retaliation 
should follow, and that tradition should nourish a hate of 
the white man, which to the latest generation will cause 
him to commit against the descendants of his old enemies 
violence and crime. He is treacherous, vindictive, and 
cruel, and is our implacable enemy. His crimes can not 
be justified, and we are forced to punish him ; but it is 
mortifying to reflect that the barbarity of our ancestors 
drove him to that disposition which we are compelled to 
punish. It may be remarked, however, without justifying 
the savagery of the Indian, that our treatment of him, to 
this day, is at times disgraceful. 

11 . But the Indian, who was the only obstacle in the 
way of an undoubted right to occupy and possess this 
country, was dispossessed. We have nothing to do with 
the fact, except to recognize it, and after it to learn who 
came into possession. From this point we may trace our 
governmental relations, and study intelligently our system 
of government. 

12 . The long-delayed settlements were not followed by 
a sluggish growth. It was one hundred and nine years 
after Cabot’s discoveries before the first permanent settle¬ 
ment was made by the English at Jamestown, Virginia. 
In one hundred and sixty-nine years from that time, the 
colonies had grown strong enough to throw off the yoke of 
the mother-country. There w r ere thirteen States, with a 
population given above. They were all settled by the En¬ 
glish except Hew York, Hew Jersey, and Delaware ; the 
first two by the Dutch and the last by the Swedes. The 

5 


98 HISTORY OF THE UNITED STATES AND MISSOURI. 


English claimed these States by the right of original dis¬ 
covery, and possessed them at the time of the Revolu¬ 
tionary War. 

13 . It is worthy of note that the Spaniards began their 
settlements in the latitudes of their discoveries, and con¬ 
fined them to the South. The English settled in Virginia 
and extended along the line of Cabot’s discoveries, while 
the French located farther north, beginning at Quebec. 
This fortuitous circumstance delayed the contention and 
strife growing out of the conflicting claims of discovery. 
The English steadily built up and strengthened their colo¬ 
nies along the Atlantic coast, and the French pushed 
mainly west and southwest to the Mississippi River, and 
then south to the Gulf of Mexico. 

14. These settlements prevented a very long postpone¬ 
ment of the inevitable conflicts between the English and 
French. Both were engaged in efforts of conquest of the 
same rich territory, and both resorted to the recognized 
mode of settlement by all nations—war. The King of 
England had patented the land from the Atlantic to the 
Pacific Oceans, extending sufficiently north to embrace the 
settlements of the French in Canada, while the latter’s 
claims extended over the territory covered by English set¬ 
tlements. 

15. The English maintained all their claims east of the 
Mississippi, but yielded them west of that stream. The 
thirteen colonies, which afterward severed their connec¬ 
tion %ith England and became a separate and independent 
government known as the United States of America, came 
into possession of all our present territory east of the great 
river, except Florida, which was owned by the Spaniards. 
This new government afterward acquired the territory 
west of the river which embraces the States and Territories 
mentioned in the preceding chapter. 

16 . When we have established the right of our general 


CIIARxVCTER OF GOVERNMENT. 


99 


government to a separate existence, and the ownership of 
the territory which it wrested from the mother-country, 
there will be no difficulty in prosecuting our investigations 
until we shall satisfactorily determine its right to the terri¬ 
tory afterward acquired, and our relations and obligations 
to that general government. We will not discuss the 
right of separation from Great Britain. It was a natural 
right—the right of the human race —the right of revolu¬ 
tion. That right was most clearly stated and proved by 
the colonists at the time of separation. Nothing could be 
added to the strength of the arguments used, and they are 
simply presented in Part IY of this work, in the Declara¬ 
tion of Rights and of Independence. 


CHAPTER III. 

CHARACTER OF GOVERNMENT IN THE COLONIES AND 

AFTER SEPARATION 

1. The English colonies in America were separate gov¬ 
ernments; having no political relations with each other, but 
were all subject to the English king, and derived their 
authority from him. There were points of difference in 
the several governments, and yet in general outline they 
were the same. All of them were fashioned after the 
English system. The governments themselves do not seem 
to have been very objectionable, and the colonists did not 
complain of them ; but of the arbitrary power attempted 
to be established over them by the king, first, and then 
by king and parliament, in defiance of the spirit of their 
laws, and of the great principles of English liberty. The 
protests which they sent to England asserted that they 
were law-abiding, were loyal to Britain, and did not wish 




100 HISTORY OF THE UNITED STATES AND MISSOURI. 


to sever their connection with the established order of the 
parent government. 

2. These protests were not heeded, and the British gov¬ 
ernment was thrown off, not because it was despised, but 
because its principles were not put into practice in the 
colonies. The colonists claimed all the rights and privi¬ 
leges enjoyed by British subjects at home, and with these 
would have been satisfied ; but their petitions were con¬ 
temned, and they were denied the privilege of being gov¬ 
erned by the rules and principles which their fathers had 
compelled the king to adopt. 

3. Seven of the colonies were under one form of gov¬ 
ernment, three under a different form, and the remaining 
three under a third form. Their general features of simi¬ 
larity were, first, none were independent—deriving their 
powers from the king, they owed allegiance to Great 
Britain. Second, each had a governor and legislative as¬ 
sembly. Third, they were forbidden to enact laws incon¬ 
sistent with the laws of England. This provision implied 
that, so long as their laws were in harmony with the laws 
of the mother-country, they were exempt from any further 
restraints and from any interference with their internal 
affairs. So the colonists construed it; and they insisted 
upon their construction till the impossibility of maintain¬ 
ing it while under British authority compelled a severance 
of their governmental relations to the crown.'* 

4. The points of difference were that, in the first men¬ 
tioned, the governor was appointed by the king, as was 
also the governor’s council—which constituted the “ tipper 
House” of the legislative body. The king issued a com- 

* The king and parliament put a different construction upon this power 
to enact laws not inconsistent with the laws of England, and insisted that, 
since the right to ratify all laws enacted was reserved to the crown, any law 
might be vetoed by the king, and the colonies be compelled to obey his will, 
without regard to English prerogatives. This claim, as stated, the colonists 
resisted. 


CHARACTER OF GOVERNMENT. 


101 


mission to tlie governor, and gave him instructions which 
he was required to execute. This class of governments was 
called the “ provincial ” (or royal). 

5 . In the second class, the proprietor made the appoint¬ 
ments which were made by the king in the first class, and 
superintended the government. The proprietor was one to 
whom the king had made grants of land—as Pennsylvania 
and Delaware to William Penn, and Maryland to Lord 
Baltimore. Another difference between these two classes 
was, that in the first the governor appointed certain officers, 
while in the second the proprietor appointed all officers. 
These were “ proprietary governments.” 

6. In Massachusetts, Rhode Island, and Connecticut, the 
selection of a governor and legislature was left to the colo¬ 
nists under provision of a charter granted by the king. 
They could make such laws and regulations as they pleased, 
subject only to the provisions of this charter (resembling 
in this respect and others one of our constitutions), and 
the restriction that these laws must not conflict with the 
laws of England. These were “ charter governments.” 

7 . These charters were, in fact, constitutions, differing 
from our State constitutions only in the respect that they 
were given by the king instead of deriving their sole power 
from the people, and in such minor details in the organiza¬ 
tion of government as did not in any manner limit the 
freedom of the colonies beyond recognition of allegiance 
to the British Government. The constitutions, or charters, 
of Connecticut and Rhode Island approached still nearer 
the character of our State constitutions, in that these colo¬ 
nies framed their own systems of government, which were 
afterward approved by the king in granting them these 
charters. 

8. The spirit of liberty had been imbibed by the colo¬ 
nists as Englishmen, and it was natural that they should 
preserve, to a great extent, the forms and institutions of 


102 HISTORY OF THE UNITED STATES AND MISSOURI. 


the old country in the new. But the charter was a depart¬ 
ure from the English system, in that England had no writ¬ 
ten constitution. It was a step in the direction of the 
development of that freedom and spirit of independence 
which resulted in our forms of government. There is no 
difficulty in tracing the American system, though greatly 
changed and improved from that out of which it sprung, 
back through the colonial governments to the great prin¬ 
ciples embodied in the “ Bill of Rights,” the “ Petition of 
Rights,” and “ Magna Charta,” by which the English people 
secured their freedom. The charter may be regarded as 
the connecting link between the British form before, and 
the American form after, the Revolution. 

9. There was no common government among the colo¬ 
nies, and they were absolutely independent of each other. 
They all owed allegiance to Great Britain, but beyond this 
there existed no political relations between them. They 
had common interests, how T ever, for the French had enlisted 
the Indians on their side in the controversy with the En¬ 
glish over the right to the soil, and a common defense was 
necessary. Hence they co-operated in the frequent fights 
with the French and Indians. Sometimes this union was 
effected in a British army, as in the case of Braddock’s 
leadership in 1755. 

10. The home government had encouraged a systematic 
plan of co-operation, or a union for defense ; and commis¬ 
sioners from some of the colonies had proposed such a plan 
in 1754, but it was rejected, both by the colonies them¬ 
selves and by Great Britain. Thus they came up to the 
time of the quarrel with the mother-country. They had 
co-operated as a matter of necessity against Indians and 
French, and circumstances made it a dire necessity to co¬ 
operate against England. 

11 . They co-operated through a Congress which exer¬ 
cised no power whatever over the States, nor attempted to 


CHARACTER OF GOVERNMENT. 


103 


exercise any ; which exercised authority over the army and 
over public affairs by consent of the States, as represented in 
its own body ; which was sustained and supported by the 
several States as a matter of necessity. But there was no 
constitution, no law binding any State, no government ex¬ 
cept by sufferance. There had been no common bond of 
law—no general government previous to the precipitation 
of the war ; and after that event there was no time, till its 
close, for that calm deliberation and uninterrupted inter¬ 
course which is necessary to the formation of any except a 
temporary government. 

12. The States were as independent as they had ever 
been while colonies, and had, by their declaration, thrown 
off that dependence on England. In his “ Analysis of Civil 
Government,” Townsend tersely and accurately describes 
the situation up to the time of the adoption of the Articles 
of Confederation by all the colonies in 1781, in these words : 
“But the Revolutionary War, which began in 1775, had 
continued all this time, during which the States had been 
united by the ties of a common interest, by the sense of a 
common danger, and by the necessities of a common cause, 
having no written bond of union—in short, they were held 
together by their fears.” 

13 . Even the “Articles of Confederation” were recog¬ 
nized as a “ political compact,” and not as a governmental 
power. They were not sufficient to secure government , in a 
legitimate sense. Even such a form of government as they 
provided was not to become operative with any of the 
States until all of them had expressed consent. Quoting 
again from Townsend : “ In the language of a leading 
mind of that day, . . . the United States in Congress have 
exclusive power for the following purposes, without being 
able to execute one of them : ... In short, they may de¬ 
clare everything, but do nothing .” 

14 . It did not take long to demonstrate two facts : first, 


104 HISTORY OF THE UNITED STATES AND MISSOURI. 

that peace could not be maintained, nor, indeed, independ¬ 
ence and safety to free institutions, nor could prosperity be 
achieved without the establishment of a general govern¬ 
ment vested with certain powers over all the States ; sec¬ 
ond, that the Articles of Confederation were wholly inade¬ 
quate to the purpose. Naturally conflicting interests—of 
commerce and of various kinds—created dissensions and 
threatened strife. The weakness of the States under the 
difficulties which rapidly accumulated was notorious in 
Europe, and a predicted downfall of the confederacy was 
watched with eagerness. States discriminated against each 
other ; the seeds of jealousy and discontent were sown ; 
and there was no power to adjust the differences. As with 
men, so with States, individuals were selfish ; their separate 
interests clashed, and government was found to be neces¬ 
sary. There could be no government without mutual con¬ 
cessions—or, as we termed it, in discussing government 
among men, “individual sacrifices.” 

15 . The States could not afford to lose that liberty which 
had cost so much in treasure and blood ; and yet it was 
demonstrated that the loss was imminent, so long as they 
maintained the absolute and entire independence existing 
under the confederation. That the States deemed the loss 
of that liberty inevitable, sooner or later, under the confed¬ 
eracy, was demonstrated by their adoption of a constitution, 
whose enacting clause declared its purpose to be, among 
other things, to “ secure the blessings of liberty to ourselves 
and our posterity .” These blessings, then, had not been 
secured. 

16 . Consequently, at the request of several States, and 
by resolution of Congress, a convention was called for the 
purpose of devising such means as would “ render the Fed¬ 
eral Constitution adequate to the exigencies of government 
and the preservation of the Union.” It was the intention, 
at first, only to amend the Articles of Confederation ; but 


CHARACTER OF GOVERNMENT. 


105 


when the work was undertaken it was discovered that these 
articles were so completely inadequate as a bond of union, 
and the frame-work of any real and lasting government, that 
a new instrument (our present Constitution) was framed and 
submitted to the several States for adoption, wdiich, after 
much delay by some of them, they all finally accepted. 

17. The States agreed to do that which in the nature of 
the case was a necessity ° namely, to establish a general 
government, with power to control all its members (the 
States) in respect to all matters of public concern or of 
common interests. We have already seen, in discussing the 
nature of government, that this could not be accomplished 
except by the several parties to the contract yielding some¬ 
thing of their individual rights—by mutual concessions. 

18. In whatever respect the States delegated powers to 
the general government, they divested themselves abso¬ 
lutely of such powers. This is a self-evident truth ; but 
the States deemed it prudent and wise to so declare for¬ 
mally. Hence, they ordained that “ this Constitution, and 
the laws of the United States which shall be made in pur¬ 
suance thereof, . . . shall be the supreme law of the land 
. . . anything in the Constitution or the laws of any State 
to the contrary notwithstanding.”—(Constitution, Article 
YI, section 2.) 

19. But the general government can not go beyond the 
powers vested in it. The very purpose of its creation—by 
conferring supreme power upon it, and the yielding of rights 
by the States—was to secure and protect all other rights of 
the States. The government would utterly destroy its re¬ 
publican character by assuming to exercise powers not con¬ 
ferred, and become a despotism. Nevertheless, the first 
Congress under the Constitution thought these facts ought 
to be explicitly stated, and not left to inference. Hence 
it proposed, and the States adopted, the ninth and tenth 
amendments to the Constitution. They read : “ The enu- 


106 HISTORY OF THE UNITED STATES AND MISSOURI. 

meration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the peo¬ 
ple.”—(Article IX.) “ The powers not delegated to the 
United States by the Constitution, nor prohibited by it to 
the States, are reserved to the States respectively, or to the 
people.”—(Article X.) 

20. But the design of this work is to treat of govern¬ 
ment as it exists in the State, and it is not its purpose to 
analyze the Federal Constitution, nor to discuss the subject 
of the general government, any further than is necessary 
to get before the mind a knowledge of its form, the source 
of its authority, the kind of authority it exercises over the 
States, the relations existing between it and the State, and 
the obligation and allegiance of the State to it. 

21. The United States, as a national government, de¬ 
rived all its authority from the States. The States acquired 
their right to confer this authority by separating from 
Great Britain and establishing their independence. Great 
Britain’s right to exercise authority over the colonies was 
derived from granting her own people right to the soil 
upon condition, both necessarily implied and expressed in 
the charters, of allegiance to the crown. The right to the 
soil grew out of the fact of discovery and settlements. 

22. Thus we have traced history from the discovery of 
America down to the formation of a new government by 
the joint action of the States, and seen that these States 
made that government supreme , within the sphere assigned 
to it. There can be, therefore, no question of the authority 
of the general government over the States ; and authority 
implies the right to enforce submission when it is resisted. 
Our next step is to discover what this government requires 
of the States, and how we, as a State, came within the 
limits of these requirements. 




PROVISIONS OF THE NATIONAL CONSTITUTION. 107 


CHAPTER IV. 

PROVISIONS OF THE NATIONAL CONSTITUTION AF¬ 
FECTING THE ERECTION AND GOVERNMENT OF 

STATES. 

1. From the foregoing it is seen that the government 
created by the States which went into operation in 1789, 
and under which we live to-day, answers fully the defini¬ 
tion given of a republic in Chapter VIII of Part I. A 
general outline of its organization is seen in the three de¬ 
partments—legislative '(the Congress, composed of repre¬ 
sentatives of the people in the House, and of the States in 
the Senate), the executive (the President), and the judici¬ 
ary (the Supreme and other courts). 

2. Such was the government established by the thirteen 
original States over themselves, and, as a matter of course, 
the territory owned by them was subject to their control, 
and subject to the control of the general government, to 
the same extent to which the States were governed. At the 
time of separation, the colonies owned unoccupied territory 
which they ceded to the general government for the common 
use and good of all the States—Congress stipulating that 
such territory should “ be settled and formed into distinct re¬ 
publican States, to become members of the Federal Union.” 
The territory owned by all was placed under the entire con¬ 
trol of Congress, for the benefit of all alike, and the agree¬ 
ment was made (as above) that when any part thereof 
should be sufficiently settled, and was admitted into the 
Union, it should be on the same basis on which the other 
States rested. 

3. But the territory of the United States at that time, 
we have seen, did not extend west of the Mississippi River; 
yet, to-day, the Union embraces a number of States and 
vast territory west of that great river ; and the agreement 


108 HISTORY OF THE UNITED STATES AND MISSOURI. 

to form these into republican States had reference to the 
territory then owned, and which the States had the right to 
cede. They could only cede that which they owned. After 
this, any territory which should come into the possession of 
the United States would come directly to the general gov¬ 
ernment, and not through the States. 

4. Uo provision is made in the Constitution for the ac¬ 
quisition of territory ; but no expression can be found in it 
which can be construed to deny or oppose the right of the 
general government to acquire territory. The right has 
been universally assumed to exist. The government has 
acted upon that assumption, at various times, and the right 
is now established by unquestioned precedent, until it has 
become an unwritten law of the republic. 

5. Section 3 of Article IV of the Constitution contains 
the following paragraph : “ The Congress shall have power 
to dispose of, and make all needful rules and regulations 
respecting, the territory, or other property, belonging to the 
United States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United States 
or of any particular State.” This paragraph had direct ref¬ 
erence to the territory and property then owned ; but it 
was not necessary to add, or which shall hereafter belong. 
The owner always has the right to govern, and Congress is 
the governing body of the United States. It could have 
governed the territory ceded and then owned without this 
provision, and it was doubtless suggested by the previous 
agreement with the States ceding it ; namely, to erect out 
of it other republican States. It was tantamount to a pro¬ 
viso added to the original agreement, to the effect that, 
until such time as portions of said territory were in a con¬ 
dition to become States, the Congress should have exclusive 
control over it. 

6. However, the whole course of the government, and 
the expressed wish of the Congress and the States with 


PROVISIONS OF THE NATIONAL CONSTITUTION. 109 

reference to this original territory, established certain prin¬ 
ciples of government, and clearly defined the policy of the 
United States to maintain and strengthen the established 
order of the republic, by disseminating the powers of the 
government among co-equal States. Hence, there has been 
a uniform disposition, at all times, to create States out of 
that territory which has become sufficiently populated to 
justify such a course. 

7. The times, circumstances, and conditions for the ad^- 
mission of territory into the Union are left, and must neces¬ 
sarily be left, to the discretion of Congress. But no dis¬ 
cretion is allowed as to the character of the State when 
admitted. Congress thereafter loses all control over it, ex¬ 
cept such control as it may exercise over every other State. 
Colorado, the last State admitted, stands in precisely the 
same political relations to the general government that the 
original thirteen maintain. 

8. Section 4 of Article IY of the Constitution provides : 
“ The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion and, on application of the 
Legislature or of the Executive (when the Legislature can 
not be convened), against domestic violence.” A republic 
has already been so fully defined and explained that the 
expression “ a republican form of government ” will be 
readily understood. It may easily be conceived that the 
prevalent idea of a republic was such government as the 
States established. The States and the national govern¬ 
ment supply the models of a republican form. 

9 . It may be further remarked that the general arrange¬ 
ment, or outline, of government in all the States and in the 
United States is the same. They differ in detail—the States 
from each other, and the general government from the 
States. These details, or facts, which in no way conflict 
with the principles underlying our civil structure, must be 


110 HISTORY OF THE UNITED STATES AND MISSOURI. 


studied from the stand-point at which we come in contact 
with them, that is, in the State. 

10 . We proceed, therefore, to study the government of 
Missouri, the second State west of the Mississippi to be 
admitted into the Union. But, before this study is taken 
up, a brief investigation into its history as a Territory will 
be interesting and profitable. 


CHAPTER, V. 

MISSOURI—ADMISSION INTO THE UNION. 

1. The history of the first visitors to, and explorers of, 
what is now the State of Missouri is full of interest; but 
since it is our purpose to deal with its political history, and 
that only briefly, in order to fix its political relations, the 
student must be referred to the very interesting and accu¬ 
rate history of the State by the Hon. William F. Switzler 
for the facts necessarily excluded from this work ; nor can 
we trace here the progress of settlement. 

2 . In 1541 Hernando de Soto, in search of gold, and 
with a commission from the Spanish king authorizing con¬ 
quests and colonization in the New World, discovered the 
Mississippi River, crossed that stream into the present State 
of Arkansas, and continued his march north into what is 
now New Madrid County, Missouri. But the country was 
not possessed or settled. In the spring of 1542 his party 
returned, having penetrated as far west as the present site 
of Little Rock, Arkansas, to the Mississippi, where De Soto 
died ; and his expedition may be said to have then reached 
its disastrous failure. 

3 . In 1673 Marquette and Joliet, leaving Canada, dis¬ 
covered the Mississippi at the mouth of the Wisconsin 




MISSOURI—ADMISSION INTO THE UNION. 


Ill 


River. They descended the Mississippi to the mouth of 
the Arkansas and returned north, having made an explo¬ 
ration simply, without attempting a settlement. In 1682 
La Salle followed Marquette and Joliet from the mouth of 
the Illinois River south, and continued down the Missis¬ 
sippi till he reached the Gulf of Mexico. Landing in the 
present State of Louisiana, he proclaimed the authority of 
the French king over the immense territory named by him 
Louisiana in honor of that king (Louis XIY). From this 
period dates French ownership of the territory embracing 
what is now the State of Missouri. 

4. In 1762 the French king ceded the territory of Lou¬ 
isiana west of the river to the King of Spain. Yet the 
next year (1763), in the treaty between France and Great 
Britain, the Mississippi River was made the boundary be¬ 
tween English and French possessions. Thus there was an 
assumed French ownership of Louisiana, notwithstanding 
the transfer to Spain over three months before the Treaty 
of Paris (February 10, 1763). 

5. No difficulty seems to have grown out of this con¬ 
flicting state of affairs. The assumption of ownership by 
France was an empty claim, and its^ purpose was not defi¬ 
nitely known. No effort was made to establish the false 
claim, but this may be due to the uncertain and dangerous 
condition of French national affairs. Taken in connection 
with the fact that the cession to Spain was made by secret 
treaty, the claim suggests bad faith upon the part of the 
French. But Spanish ownership was recognized in 1800 
by Napoleon Bonaparte, who recovered the ceded territory 
for France. 

6. Between the periods of these two treaties of cession, 
settlements both by the French and the Spanish had been 
quietly progressing. Ste. Genevieve was the place of first 
permanent settlement of that part of this territory now the 
State of Missouri. There is a difference among historians 


112 HISTORY OF THE UNITED STATES AND MISSOURI. 


as to the date of settlement of this town, but the most re¬ 
liable date is 1754. The “American Cyclopaedia” fixes it 
as 1755 ; but, since the first date is more particularly fixed 
on the 29th day of December, no discrepancy in the two 
need be noticed. 

7. In 1803 the United States purchased from France 
the whole of the Louisiana territory, for $15,000,000 (this 
is known in our history as the “ Louisiana purchase ”). 
The territory mentioned, as already stated, embraced the 
present States of Louisiana, Arkansas, Missouri, and other 
States. Thus our State came into the possession of the 
general government, and became subject to the control and 
disposition which ownership implies, and which is defined 
in the second paragraph-of section 3 of Article IY of the 
Federal Constitution above quoted. 

8. Soon after the purchase (1804) the Territory of Lou¬ 
isiana was divided into that of Orleans (admitted into the 
Union in 1812 as the State of Louisiana) and the District 
of Louisiana. In 1812, after the name Louisiana had been 
given to the State, the name of the upper Territory was 
changed to that of Missouri. 

9. Without stopping to trace the different steps by 
which this immense territory was divided and subdivided, 
we come down to 1820, when Arkansas had been separated 
on the south, and that portion, admitted as a State of the 
same name, reduced to less than the present size of the 
State. (The Platte purchase, including the present coun¬ 
ties of Platte, Buchanan, Andrew, Nodaway, Atchison, and 
Holt, was added in 1836.) 

10. In 1819 Missouri Territory applied to Congress for 
admission into the Union, and in pursuance of that request 
an act was passed authorizing her people to form a consti¬ 
tution under certain prescribed conditions. A constitution 
was adopted and a State government inaugurated in 1820 ; 
but for reasons of. an intensely interesting character, and 


MISSOURI—ADMISSION INTO THE UNION. 


113 


which were the beginning of that agitation which resulted 
in the recent civil war, she was not admitted into the Union 
until 1821. These reasons can only be briefly noticed, as 
facts, in this work. In this connection it may be stated 
that, though not admitted until 1821, the public records of 
the State and official State papers all date from 1820. 

11 . When the bill for the admission of Missouri into 
the Union, in 1819, was introduced into Congress, an 
amendment was adopted in the House which read : 

“Andprovided. That the further introduction of slavery 
or involuntary servitude be prohibited, except for the pun¬ 
ishment of crimes whereof the party shall have been fully 
convicted ; and that all children born within the said State, 
after the admission thereof into the Union, shall be free at 
the age of twenty-five years.” 

12 . The effect of this proviso was the ultimate extinc¬ 
tion of slavery in the State. When the bill reached the 
Senate, that body rejected the amendment by a decided 
majority. The House of Representatives refused to con¬ 
cur in the Senate’s action ; the Senate refused to recede, and, 
Congress adjourning, the proposition to admit was lost. 

13 . The struggle over the slavery question was re¬ 
newed in the next Congress when the petition of Missouri 
was again presented. It was settled by the adoption of a 
measure known ever afterward as the “ Missouri Compro¬ 
mise.” The compromise consisted in withdrawing the re¬ 
striction on slavery in Missouri, on the one hand, and the 
agreement, on the other, that slavery should for ever be pro¬ 
hibited in all that territory ceded by France under the 
name of Louisiana, north of the parallel of thirty-six de¬ 
grees and thirty minutes (the southern boundary of Mis¬ 
souri) north latitude (except Missouri). 

14 . The act for the admission of Missouri was then 
passed, and was approved March 6, 1820. The conven¬ 
tion provided for was called, and a constitution framed and 


114 HISTORY OF TnE UNITED STATES AND MISSOURI. 


submitted to Congress for approval. A resolution was in¬ 
troduced to admit Missouri, in both the House and the 
Senate, and it was defeated in both. Finally, another 
compromise, framed by a committee of thirty (twenty- 
three Representatives and seven Senators), proposed by 
Mr. Clay, of Kentucky, was adopted in March, 1821, and 
Missouri was admitted into the Union “ on an equal foot¬ 
ing with the original States, in all respects whatever.” 

15. Thus ended the struggle in Congress over Mis¬ 
souri. But the whole country was excited and divided on 
the slavery question. The Union was in great peril pend¬ 
ing the controversy, the antagonisms between sections 
grew sharp and bitter, and the “ bone of contention ” was 
not removed until the recent civil war. 

16. The act of Congress permitting the formation of 
a State government ; the ordinance of the convention, 
assenting to conditions ; a synopsis of the Constitution 
framed ; the resolution of Congress, admitting the State, 
on conditions ; the act of the General Assembly, accept¬ 
ing the conditions ; and the proclamation of the President 
declaring Missouri a State, are published in the preface of 
the Revised Statutes of Missouri, 1855. 


CHAPTER VI. 

REVIEW QUESTION’S. 

CHAPTER I. 

1. In studying State governments, why study also the national govern- 

mcnt ? (1.) 

2. With which will the study naturally begin ? (2.) 

3. What differences in the government to-day from that of a hundred 
years ago are mentioned ? (3.) 




REVIEW QUESTIONS. 


115 


4. How many original States ? How many in 1880 ? (4.) 

5. What was the population one hundred years ago? (4.) 

6. What is the population now ? (4.) 

7. What the extent of territory then and now ? (4.) 

8. Name the original States ? (5.) 

9. What is said of Vermont ? Of Florida ? Of Maine ? Of Kentucky 

and West Virginia ? Of Alabama and Mississippi ? Of Tennessee ? Of 
Ohio, Indiana, Illinois, Michigan, and Wisconsin ? (5.) 

10. How many States are now embraced in the original territory of the 
United States? (6.) 

11. What is the comparative area of our territory not yet organized into 
States ? (7.) 

12. From 1789 to 1799, which was greater, imports or exports? (8.) 

13. In 1875, how did the amount of exports compare with the average 
annual exports for the ten years given? (8.) 

14. What is the object of giving these facts? (9.) 

CHAPTER II. 

15. How long has the civilized world known of this continent? (1.) 

16. What was this continent supposed to be when it was discovered? 

( 2 .) 

17. How long before this impression was corrected ? (2.) 

18. What discoveries did Columbus make, and when ? (3.) 

19. What belief led to his discoveries ? (3.) 

. 20. What did they result in ? (3.) 

21. What three nationalities are mentioned as discoverers or explorers? 

(4.) 

22. What instances are given in sections 4, 5, and 6, of the explora¬ 
tions of these people ? 

23. How many years elapsed between the first discovery of North 

America and the first permanent settlement ? (7.) 

24. Where, when, and by whom, was this first settlement ? (7.) 

25. For whom, and on what grounds, did the explorers claim the terri¬ 
tory? (8) 

26. Whose claim had priority ? (8.) 

27. When is the right of discovery unquestioned? (9.) 

28. What became of the aborigines of America ? (9.) 

29. What is said of the treatment of the Indian ? (10.) 

30. How long after Cabot’s discoveries till the first permanent English 
settlement was made? (12.) How long then till independence was de¬ 
clared ? 


116 HISTORY OF THE UNITED STATES AND MISSOURI. 


31. By whom were the colonies settled ? (12.) 

32. In what latitudes did the English, French, and Spaniards begin their 

settlements ? (13.) 

33. What was the result ? (13.) 

34. What extent of territory was patented by the English king ? (14.) 

35. Did the English maintain their claims ? (15.) 

36. What is said of the right of separation from Great Britain? (16.) 

37. Where can we find a clear statement of that right? (16.) 

CHAPTER III. 

38. What is said in section 1 of the character of the colonial govern¬ 
ments ? 

39. Why was the British government thrown off ? (2.) 

40. How many forms of colonial governments were there ? (3.) 

41. In what respects were they alike? (3.) 

42. What question of dispute arose between the colonists, on the one 

hand, and the king and parliament on the other, as to the limit of the 
king’s power ? (3.) 

43. Explain the different forms of colonial government. (4-6.) 

44. What did the charters resemble ? (7.) 

45. Is the American system of government similar to the British ? (S.) 

How do they differ ? 

46. Did the colonies have any common government among themselves ? 
(9.) 

47. What is said of the effort to adopt a plan of co-operation and 
union? (10.) 

48. Was there any government of the States during the Revolutionary 
War? (11.) 

49. What is the quotation showing the only bond of union during the 
war? (12.) 

50. What is said of the Articles of Confederation? (13.) 

51. What two facts were soon discovered ? (14.) 

52. What is the declared purpose of the Constitution in its enacting 
clause ? (15.) 

53. Was it the intention of the convention to frame a constitution ? 
(16.) 

54. In respect to what matters was control given to the general govern¬ 
ment? (17.) 

55. What is the extent of its authority ? (18.) Give the quotation. 

56. What would be the effect of exceeding the powers granted to the 
general government ? (19.) 


REVIEW QUESTIONS. H7 

5U What is the purport of the ninth amendment to the Constitution ? 
Of the tenth ? 

58. Trace the authority of the United States Government back to its 
origin. (21.) 

69. What right does authority over the States imply ? (22.) 

CHAPTER IV. 

60. What three departments in our government may be taken as a gen¬ 
eral outline of republican forms ? (1.) 

61. What did Congress agree to do with the territory ceded by the 

States ? (2.) 

62. Has the general government a right under the Constitution to ac¬ 
quire territory ? (4.) 

63. To what had section 3 of Article IV of the Constitution direct ref¬ 
erence ? (5.) 

64. W hy was it not necessary to have a similar provision in ref¬ 
erence to territory to be acquired directly, and not through the States ? 
(5.) 

65. What is the clearly defined policy of the government with reference 

to its territory ? (6.) 

66. V r ho must be judge of the circumstances calling for the admission 

of territory ? (7.) 

67. Is any judgment or discretion allowed as to the character of a State ? 

(*.) 

68. V r hat guarantee does section 4 of Article IV of the Constitution 

require of the general to the State governments ? (8.) 

69. When is the general government to protect the States against 

domestic violence ? (8.) 

70. V r hat models of a republic has a territory which wishes to become 

a State ? (8.) 

71. In what respect do State governments differ from each other and 

from the general government ? (9.) 

72. From what stand-point do we study these differences ? (9.) 

CHAPTER V. 

73. What feature of the State’s history is pertinent to a study of her 

civil system ? (1.) 

74. How far north did De Soto explore the country west of the Missis¬ 
sippi ? (2.) In what year, and under what commission ? 

75. How far down the Mississippi did Marquette and Joliet go ? (3.) 

In what year ? 


118 HISTORY OF THE UNITED STATES AND MISSOURI. 


76. In what year did La Salle follow them, and how far did he go down 

the same river ? (3.) 

77. What and for whom did he name the territory bordering on the 
river? (3.) 

78. Under what commission did he claim the territory ? 

79. To whom and when did the French king cede this territory ? (4.) 

80. What peculiar feature of the treaty between England and France in 

1763 is mentioned ? (4.) 

81. To what fact is it probably due that no difficulty arose out of this 

conflicting state of affairs ? (5.) 

82. How and when was Spanish ownership afterward recognized ? (5.) 

83. Where was the first permanent settlement of that part of this terri¬ 
tory now the State of Missouri made ? (6.) In what year ? 

84. When and by what means did the Federal government get posses¬ 
sion of Missouri ? (7.) 

85. On what portion of the Louisiana territory was the name Missouri 

bestowed ? (8.) 

86. What was the size of that portion of Missouri Territory admitted 
into the Union as a State of the same name? (9.) 

87. What constitutes the Platte purchase, and when was it added to the 
State? (9.) 

88. When did Missouri apply for admission into the Union ? (10.) 

89. When was a State government organized ? (10.) 

90. When was the State admitted ? (10.) 

91. From what year do the State records date ? (10.) 

CHAPTER YI. 

92. When the bill to admit Missouri was introduced, what amendment 

was proposed ? (11.) 

93. What was its fate? (11, 12.) 

94. What would have been the effect of the amendment, if adopted ’ 

( 12 .) 

95. How was this struggle over the slavery question settled ? (13.) 

96. Was Missouri admitted at once after framing, and submitting for 
approval of Congress, a constitution? (14.) 

97. What was the final solution of the questions of controversy? (14.) 

98. "Was the excitement of the slavery question confined to Congress? 

(15.) ° ‘ 

99. What was threatened by it ? (15.) 

100. When was the ‘‘bone of contention ” removed? (15.) 


PART III 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Chap. I. —Introductory and General Propositions. 

II. —Organic less liable to Change than Statute Law 

Changes of the State Constitution. 

III. — TnE Constitution of Missouri. 

IV. —Synopsis and Review. 

V. —Review Questions. 

VI. —State Officers. 

VII. —Territorial Divisions of the State. 

VIII. —Political Divisions of the State. 

IX. —Municipal and other Corporations. 

X.— School Districts. 

XI. —Villages, Towns, and Cities. 

XII. —Counties. 

XIII. —Miscellaneous, 

XIV. —Review Questions. 












4 












' 




. 

t 

* 








































CHAPTER I. 

INTRODUCTORY AND GENERAL PROPOSITIONS. 

1. The government of the State of Missouri is repub¬ 
lican in form. 

2. It is not repugnant to the Constitution of the United 
States. 

3. Its authority is supreme over its own territory, in¬ 
stitutions, and people, so long as it remains thus in harmony 
with the “supreme law of the land.” 

4. The supreme law of the land (the Constitution of 
the United States, and the laws and treaties made in pur¬ 
suance thereof—see U. S. Constitution, Article VI, § 2) 
is not variable in its nature, nor at the will of those to 
whom is intrusted its execution : hence— 

5. The authority of the State is always supreme over 
its citizens, and its laws are the embodiment of this author¬ 
ity, while its statutes remain in harmony with its own Con¬ 
stitution. 

6. Its statutes (usually denominated laws) can not affect 
the form of government ; for an unconstitutional statute 
can always be successfully resisted : so that—- 

7. The citizen of the State may know and discharge his 
duty by understanding and obeying the Constitution and 
statutes of his State, in all cases in which the Federal law 
is not directly applicable to his avocation or pursuit. 

8. The Federal law (law of Congress) seldom affects the 

private citizen. Under section 8 of Article I of the Con- 
6 


122 


THE CIVIL SYSTEM OF MISSOURI, 1881 . 


stitution of the United States, Congress has the power to 
raise a revenue by taxing industries or productions. In 
pursuance of this authority Congress has enacted an “ in¬ 
ternal revenue law.” This law imposes taxes upon the 
manufacture and sale of tobacco and liquors. 

9. The internal revenue law is, therefore, directly ap¬ 
plicable to those engaged in the manufacture and sale of 
these commodities. But a comparatively small number of 
citizens are thus engaged. A very small number of citi¬ 
zens, comparatively, have any necessary direct contact with 
the general government, while every citizen is reached by 
the operation of State law, and his. welfare is influenced 
thereby. 

10. The State government is the operation of the collec¬ 
tive authority of all the citizens of the State upon— 

1. The individual, or private citizen ; 

2. Associations of citizens or private corporations ; 

3. Political or civil organizations or public corporations ; 
and, 

4. The officers to whom are intrusted the exercise of 
this authority. 

11. This collective authority is embodied in statutes, 
and exercised through agents, or officers. These statutes 
are enacted by representatives of the people, elected for 
this purpose, and called, when assembled and organized, 
the Legislature. The officers are usually elected, but are 
sometimes appointed. 

12. The State authority is exercised in the following 
manner, and for the purposes indicated, or manifest : upon 
the private citizen, to— 

1. Secure and protect his personal rights ; 

2. To exact from him a reasonable or necessary amount 
of time and private means to subserve the common welfare, 
or public good ; and, 

3. To punish him for an effort to thwart or defeat the 


INTRODUCTORY AND GENERAL PROPOSITIONS. 123 

authority of the State in either of the two foregoing pur¬ 
poses, or for any violation of the law. 

13. It is exercised upon associations or private corpora¬ 
tions, to— 

1. Protect the rights of the members of such associa¬ 
tions against the organizations themselves ; 

2. To protect and foster the interests of these corpora¬ 
tions against— a , individuals not members ; b , members of 
the associations themselves ; c, other like associations, and, 
d , associations of a different class ; and, 

3. To require them to aid in the support of the govern¬ 
ment thus protecting them. 

14. It is exercised upon political and civil associations 
(collection of citizens) to permit them to organize, and to 
confer upon them certain privileges of local legislation and 
administration—for, a, the advancement of local interests ; 
b , the better protection of personal rights ; c, to strengthen 
the power of the State as the guardian of the public peace 
and good order. 


(Note.—S uch organized associations are political corporations; e. g., a 
town or city.) 

15. It is exercised upon public officers, to— 

1. Require them to administer or execute the public 
will; 

2. To restrain them from going beyond prescribed 
limits of official power ; and, 

3. To reward them for discharging the duties enjoined, 
or to punish them for neglect of duties or violations of law. 

16. It is exercised upon all for one purpose, the gen¬ 
eral welfare, and is limited and defined in the Constitution. 

17. In order to understand, therefore, the extent of the 
authority which the State intends to exercise over him, 
and to be able to judge whether public officers exceed that 
authority, the citizen must study the organic law. Having 


124 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


learned the will of the whole people, as thus directly and 
generally expressed through the Constitution, he is prepared 
to investigate the statutes, to enable him to know whether 
their requirements are in harmony with the will of the peo¬ 
ple, or exceed that will, and are therefore arbitrary, unau¬ 
thorized, and unjust. 

18. Such a statute the Constitution gives him the right 
to resist, in a certain way, and has provided that way. It 
is not only the right of the citizen to resist an unconstitu¬ 
tional law, but it is his duty to himself, to his neighbor, and 
to his State to do so. 

19. With a knowledge of the statutes the citizen obtains 
a knowledge of the duties imposed upon officers, the extent 
of the power intrusted to them, and the manner in which 
they are required to exercise that authority. 

20. He is then prepared to defend and maintain his 
rights, to protect his neighbor, to yield a cheerful obedi¬ 
ence to legitimate authority, insist on compliance with the 
law by others, and subserve the objects for which govern¬ 
ment was established—the welfare, prosperity, and happi¬ 
ness of the governed. 

21. Without a knowledge of the source of authority 
and the necessity for its exercise, there can not be due re¬ 
spect for government and its exactions. Without this re¬ 
spect the citizen is restless and discontented while making 
the sacrifices necessary to sustain government. When such 
a spirit is general, the government is not strong and stable. 
As the government grows weak, every citizen’s rights are 
imperiled.* 

22. We begin, then, to study the government of the 
State, at the source of its authority—in the will of the whole 
people as expressed in the Constitution. 

* See Chapters II, III, XII, XIII, Part I. 


CHANGES OF THE STATE CONSTITUTION. 


125 


CHAPTER II. 

ORGANIC LA W LESS LIABLE TO CHANGE THAN STATUTE 

LAW.—CHANGES OF THE STATE CONSTITUTION. 

1. While statute laws are frequently changed, the pro¬ 
visions of a constitution are usually left undisturbed for 
many years. The United States has had only one Constitu¬ 
tion, and there is no reason to suggest a new one, nor are 
there any indications of a radical change in any of its lead¬ 
ing features. 

2. In times of peace and prosperity there is seldom any 
necessity for, or disposition to change the organic law. 
As a rule, changes originate in, or follow from, periods of 
political revolutions, civil commotions, or great public ca¬ 
lamities. 

3. Frequent changes would indicate a lack of strength 
and stability in the government itself—a restless, discon¬ 
tented people, and small capacity for self-government. 

4. In a period of nearly one hundred years there have 
been only fifteen changes made in the national Constitu¬ 
tion. Of these, ten were adopted almost immediately after 
the adoption of the Constitution itself, and, having been 
proposed and urged by many of the States at the time of 
adopting the Constitution, may almost be regarded as a part 
of the original instrument. Three (the thirteenth, four¬ 
teenth, and fifteenth amendments) grew out of the recent 
war between the States. 

5. Recent political agitations growing out of a presi¬ 
dential election, and threatened complications over the 
question of determining the result, have led to the serious 
discussion of an amendment to the Constitution in respect 
to the manner of electing the President and Vice-President, 
and the method of determining the result. 

6. This brief historical reference to the Constitution of 


126 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the United States illustrates the statement of causes giving 
rise to changes in the organic law, made in section 2, above. 
But there is an interesting and significant fact relating to 
the amendments to the Federal Constitution, suggestive of 
the sanctity with which such an instrument is invested in 
popular esteem, and the reluctance with which changes are 
permitted, namely : although an amendment may entirely 
change the spirit and purpose, or abolish a requirement of 
any article or section of the Constitution, the text, of the 
instrument is never changed. An amendment is never in¬ 
corporated into the text or body of the instrument, but is 
added to it. 

7. Copying, doubtless, after the precedent set by the 
first Congress in establishing this rule, amendments to the 
State Constitution are appended to that instrument. In 
many particulars the State Constitution is a reproduction 
of the features of the national Constitution. 

8. The State of Missouri has had three Constitutions. 
Or, from the time of adoption of the first (1820) to the 
time of the adoption of the third (1875), one Constitution 
for each period of eighteen and one third years. But the 
first Constitution remained the organic law for forty-five 
years, and would not have been supplanted, in all proba¬ 
bility, but for the events precipitated and the passions 
aroused by the civil war. 

9. W e are led to this conclusion by two circumstances : 
First, efforts to change the Constitution had been made 
and defeated ; second, the Constitution of 1865 was the 
direct result of the events of the war. Future genera¬ 
tions, with no information of the war between the States, 
could obtain the knowledge that such a war had just 
ended, or was then in progress, by reading the Constitution 
of 1865. 

10. So, also, the Constitution adopted in 1875 is the 
result of a rebound—the reaction from a state of facts 


CHANGES OF THE STATE CONSTITUTION. 


127 


and passions engendered by the war. This fact was evi¬ 
denced by the expression of public sentiment through 
the press, and the utterances of public men, urging the 
change. 

11. It is reasonable to conclude, therefore, that for the 
whole period of her existence to the present time (sixty-one 
years), Missouri would have had only one Constitution, but 
for the leading cause assigned in section 2—political revo¬ 
lution. Some important amendments, perhaps many, would 
have been adopted. A vicious system of legislation had 
grown up under the rapidly multiplying, increasing, and 
diverse local interests of the State, which demanded a 
check. This check was given in the Constitution last 
adopted, and the vicious system alluded to will be dis¬ 
cussed in the analysis of this instrument. But it would 
not have been necessary to make a general revision or 
sweeping changes. 

12. The statutes suffer frequent, and often radical, 
changes. The regular sessions of the General Assembly 
are held biennially, and each session enacts a large number 
of new laws and amendments to the existing laws. Until 
the adoption of the present Constitution the Legislature con¬ 
vened annually, and the volume of the laws sent out each 
year was fully as large as that now sent out every two 
years. There can be no doubt that semi-annual sessions 
would make about as many changes in the statutes as are 
made by the biennial sessions. 

13. To illustrate the frequency of changes in statute 
law, it may be stated here that, within a period of four 
years, embracing three regular sessions of the General As¬ 
sembly, three different methods of distributing school reve¬ 
nues derived from taxes on railroads were adopted. The 
first law required the amount of taxes collected from the 
railroads running through a county to be distributed to all 
the school districts of that county in the ratio of each dis- 


128 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


trict-school population. The second law, adopted two years 
thereafter, required the distribution to be made only to 
those districts through which the road or roads ran. The 
third, adopted two years after the second, required the dis¬ 
tribution to be made to all the districts, except when a dis¬ 
trict had contributed money to aid in building the road or 
roads, and except the taxes collected on the value of depots, 
road-bed, and fixed property lying within the districts. In 
such cases these taxes were given exclusively to these dis¬ 
tricts. 

14. For reasons to be assigned hereafter, very frequent 
changes of the statutes are extremely objectionable. But, 
to conclude that it would be better to allow the statutes to 
remain unchanged for very long periods, as constitutions 
do, or that it would promote the best interests of the people 
to pursue such a course, would be erroneous. 

15. Having pointed out these characteristic differences 
of method in dealing with the Constitution and the stat¬ 
utes, and stated a principle in reference to the frequency of 
changes in statutory law, let us briefly consider some of the 
reasons : 

A constitution is general in its nature ; a statute is spe¬ 
cific. 

A constitution deals with the essentials of republican 
government; a statute considers the expediency and neces¬ 
sity of a given course under given circumstances. 

The first is a law establishing unchangeable principles, 
or at least principles deemed of so much importance that 
the people reserve to themselves exclusively the right to 
change them by a direct vote, and not by the votes of 
agents or representatives, and protecting inalienable rights ; 
the second deals with facts rather than principles—and 
facts are variable and varying—and with relative rights, 
which are determined by circumstances. 

Both Constitution and statutes are intended to be a 


CHANGES OF THE STATE CONSTITUTION. 


129 


reflex of the popular will : but the first has been duly, and 
without haste, considered by the people before adoption, 
and has received their approval by a direct vote, and is 
hence apt to be a correct expression of that will; the sec¬ 
ond is adopted by representatives, and, in the nature of 
the case, is seldom considered by, or even known to, the 
people until after adoption, and is hence quite likely to be 
an incorrect or incomplete expression of their will, and 
to give enough dissatisfaction to occasion a desire for 
change. 

The circumstances and condition of the people and the 
State rendering statute law necessary constantly chang¬ 
ing, must be managed and provided for by changes in 
the law (see Chapter VII, § 2, and Chapter XII, Part I) ; 
while the well-established principles and reserved personal 
rights which it is the purpose of a constitution to define 
and guard remain unchanged under these changing condi¬ 
tions. 

16. From the nature of organic law, and the fact 
that the body of the Constitution is not often changed, 
the inference that not many amendments are adopted is 
natural, and upon investigation we find such to be the 
case. 

17. The first Constitution of Missouri was amended ten 
times, as follows : in 1822, and at the legislative sessions 
of 1834-’35, 1848-’49 (three amendments), 1850-’51 (three 
amendments), 1852-’53, and 1854-’55. It is worthy of 
special note that the method of amending this Constitution 
was—1. A proposition to that effect indorsed by a two- 
thirds vote of each branch of the General Assembly. 2. 
Publication of the proposed amendment in all the news¬ 
papers of the State three several times, twelve months before 
the next general election. 3. A two-thirds vote of each 
House at the next session of the Legislature after the elec¬ 
tion. 


130 


THE CIVIL SYSTEM OF MISSOURI, 1SS1. 


18. There were eight amendments to the second Con¬ 
stitution. Six of these were adopted in 1870, and two in 
1872. The two amendments adopted in 1872 were very 
important, and, being preserved in the present organic law, 
deserve special mention here. One increased the number 
of judges of the Supreme Court from three to five, and ex¬ 
tended the tenure of office of the judgeship from six to ten 
years. The increasing business of the Supreme Court ren¬ 
dered this increase of the number of judges necessary. 
The other amendment permitted the investment of the State 
school fund either in bonds of the United States or the 
State of Missouri. It was adopted by six sevenths of all the 
votes cast. The Constitution of 1865 restricted the invest¬ 
ment to the first-named. Under the operation of the 
amendment, and the conversion of the securities, in 1875, 
from United States to State bonds, the school fund was in¬ 
creased $248,280. 

19. The third (or present) Constitution, adopted in 1875, 
has not been amended. One proposed amendment, levying 
a poll-tax to be added to the county school funds, was 
defeated by an overwhelming majority in 1878. Another 
amendment has been proposed, and will be voted on at the 
next general election (in 1882). Five judges of the Supreme 
Court are unable to dispose promptly of the increasing busi¬ 
ness of the court, and it is proposed to relieve them by the 
creation of a judicial commission—a sort of inferior Su¬ 
preme Court, to assist the present bench. 


■m- 



CONSTITUTION. 


131 


CHAPTER III. 

C (INSTITUTION. 

PREAMBLE. 

We, the people of Missouri, with profound reverence for the Su¬ 
preme Ruler of the Universe, and grateful for his goodness, do, for 
the better government of the State, establish this Constitution. 

ARTICLE I. 

BOUNDARIES. 

Section 1 . The boundaries of the State, as heretofore established 
by law, are hereby ratified and confirmed. The State shall have 
concurrent jurisdiction on the river Mississippi, and every other 
river bordering on the State, so far as the said rivers shall form a 
common boundary to this State and any other State or States; and 
the river Mississippi and the navigable rivers and waters leading to 
the same, shall be common highways, and for ever free to the citi¬ 
zens of this State and of the United States, without any tax, duty, 
impost, or toll therefor, imposed by this State. 

ARTICLE II. 

BILL OF BIGHTS. 

In order to assert our rights, acknowledge our duties, and pro¬ 
claim the principles on which our government is founded, we de¬ 
clare : 

Section 1 . That all political power is vested in, and derived 
from, the people; that all government of right originates from the 
people, is founded upon their will only, and is instituted solely for 
the good of the whole. 

Sec. 2. That the people of this State have the inherent, sole, and 
exclusive right to regulate the internal government and police 
thereof, and to alter and abolish their Constitution and form of gov¬ 
ernment whenever they may deem it necessary to their safety and 
happiness: Provided , Such change be not repugnant to the Consti¬ 
tution of the United States. 

Sec. 3. That Missouri is a free and independent State, subject 
only to the Constitution of the United States; and as the preserva- 


132 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


tion of the States and the maintenance of their governments are 
necessary to an indestructible Union, and were intended to coexist 
with it, the Legislature is not authorized to adopt, nor will the peo¬ 
ple of this State ever assent to, any amendment or change of the 
Constitution of the United States which may in any wise impair 
the right of local self-government belonging to the people of this 
State. 

Sec. 4. That all constitutional government is intended to pro¬ 
mote the general welfare of the people; that all persons have a 
natural right to life, liberty, and the enjoyment of the gains of their 
own industry ; that to give security to these things is the principal 
office of government, and that, when government does not confer 
this security, it fails of its chief design. 

Sec. 5. That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own con¬ 
science; that no person can, on account of his religious opinions, 
be rendered ineligible to any office of trust or profit under this State, 
nor be disqualified from testifying, or from serving as a juror; that 
no human authority can control or interfere with the rights of con¬ 
science; that no person ought, by any law, to be molested in his 
person or estate on account of his religious persuasion or profes¬ 
sion ; but the liberty of conscience hereby secured shall not be so 
construed as to excuse acts of licentiousness, nor to justify practices 
inconsistent with the good order, peace, or safety of this State, or 
with the rights of others. 

Seo. 6. That no person can be compelled to erect, support, or 
attend any place or system of worship, or to maintain or support 
any priest, minister, preacher, or teacher of any sect, church, creed, 
or denomination of religion; but, if any person shall voluntarily 
make a contract for any such object, he shall be held to the per¬ 
formance of the same. 

Seo. 7. That no money shall ever be taken from the public Treas¬ 
ury, directly or indirectly, in aid of any church, sect, or denomina¬ 
tion of religion, or in aid of any priest, preacher, minister, or teacher 
thereof, as such; and that no preference shall be given to, nor any 
discrimination made against, any church, sect, or creed of religion, 
or any form of religious faith or worship. 

Seo. 8. That no religious corporation can be established in 
this State, except such as may bo created under a general law 



CONSTITUTION. 


133 


for the purpose only of holding the title to such real estate as 
may be prescribed by law for church edifices, parsonages, and ceme¬ 
teries. 

Sec. 9. That all elections shall be free and open; and no power, 
civil or military, shall at any time interfere to prevent the free exer¬ 
cise of the right of suffrage. 

Sec. 10. That courts of justice shall be open to every person, 
and certain remedy afforded for every injury to person, property, 
or character; and that right and justice should be administered 
without sale, denial, or delay. 

Sec. 11. Thajt the people shall be secure in their persons, papers, 
homes, and effects from unreasonable searches and seizures; and no 
warrant to search any place, or seize any person or thing, shall 
issue without describing the place to be searched, or the person or 
thing to be seized, as nearly as may be; nor without probable cause, 
supported by oath or affirmation reduced to writing. 

Sec. 12. That no person shall, for a felony, be proceeded against 
criminally, otherwise than by indictment, except in cases arising in 
the land or naval forces, or in the militia when in actual service in 
time of war or public danger; in all other cases, offenses shall be 
prosecuted criminally by indictment or information as concurrent 
remedies. 

Sec. 13. That treason against the State can consist only in levy¬ 
ing war against it, or in adhering to its enemies, giving them aid 
and comfort; that no person can be convicted of treason, unless on 
the testimony of two witnesses to the same overt act, or on his con¬ 
fession in open court; that no person can be attainted of treason or 
felony by the General Assembly; that no conviction can work cor¬ 
ruption of blood or forfeiture of estate; that the estates of such 
persons as may destroy their own lives shall descend or vest as in 
cases of natural death: and, when any person shall be killed by 
casualty, there shall be no forfeiture by reason thereof. 

Sec. 14. That no law shall be passed impairing the freedom 
of speech; that every person shall be free to say, write, or pub¬ 
lish whatever he will on any subject, being responsible for all 
abuse of that liberty; and that in all suits and prosecutions for 
libel the truth thereof may be given in evidence, and the jury, 
under the direction of the court, shall determine the law and the 
fact. 


134 


TEE CIVIL SYSTEM OF MISSOURI, 1881 . 


Seo. 15. That no ex 'post facto law, nor law impairing the obliga¬ 
tion of contracts, or retrospective in its operation, or making any 
irrevocable grant of special privileges or immunities, can be passed 
by the General Assembly. 

Seo. 16. That imprisonment for debt shall not be allowed, ex¬ 
cept for the non-payment of lines and penalties imposed for viola¬ 
tion of law. 

Sec. 17. That the right of no citizen to keep and bear arms in 
defense of his home, person, and property, or in aid of the civil 
power, when thereto legally summoned, shall be called in question; 
but nothing herein contained is intended to justify the practice of 
wearing concealed weapons. 

Seo. 18. That no person elected or appointed to any office or 
employment of trust or profit under the laws of this State, or any 
ordinance of any municipality in this State, shall hold such office 
without personally devoting his time to the performance of the du¬ 
ties to the same belonging. 

Seo. 19. That no person who is now, or may hereafter become, 
a collector or receiver of public money, or assistant or deputy of 
such collector or receiver, shall be eligible to any office of trust or 
profit in the State of Missouri under the laws thereof, or of any 
municipality therein, until he shall have accounted for and paid 
over all the public money for which he may be accountable. 

Sec. 20. That no private property can be taken for private use 
with or without compensation, unless by the consent of the owner, 
except for private ways of necessity, and except for drains and 
ditches across the lands of others for agricultural and sanitary pur¬ 
poses in such manner as may be prescribed by law ; and that when¬ 
ever an attempt is made to take private property for a use alleged 
to be public, the question whether the contemplated use be really 
public shall be a judicial question, and as such judicially deter¬ 
mined, without regard to any legislative assertion that the use is 
public. 

Sec. 21. That private property shall not be taken or damaged 
for public use without just compensation. Such compensation shall 
be ascertained by a jury or board of commissioners of not less than 
three freeholders, in such manner as may be prescribed by law ; and 
until the same shall be paid to the owner, or into court for the 
owner, the property shall not be disturbed or the proprietary rights 


CONSTITUTION. 


135 


of the owner therein divested. The fee of land taken for railroad- 
tracks, without consent of the owner thereof, shall remain in such 
owner, subject to the use for which it is taken. 

Sec. 22. In criminal prosecutions the accused shall have the 
right to appear and defend, in person and by counsel; to demand 
the nature and cause of the accusation; to meet the witnesses 
against him face to face; to have process to compel the attendance 
of witnesses in his behalf; and a speedy, public trial by an im¬ 
partial jury of the county. 

Sec. 23. That no person shall be compelled to testify against 
himself in a criminal cause, nor shall any person, after being once 
acquitted by a jury, he again, for the same offense, put in jeopardy 
of life or liberty; but if the jury, to which the question of his guilt 
or innocence is submitted, fail to render a verdict, the court before 
which the trial is had may, in its discretion, discharge the jury and 
commit or hail the prisoner for trial at the next term of court, or, if 
the state of business will permit, at the same term; and if judg¬ 
ment be arrested after a verdict of guilty on a defective indict¬ 
ment, or if judgment on a verdict of guilty be reversed for error 
in law, nothing herein contained shall prevent a new trial of the 
prisoner on a proper indictment, or according to correct principles 
of law. 

Sec. 24. That all persons shall be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the pre¬ 
sumption great. 

Sec. 25. That excessive hail shall not he required, nor exces¬ 
sive fines imposed, nor cruel and unusual punishment inflicted. 

Sec. 26. That the privilege of the writ of habeas corpus shall 
never be suspended. 

Sec. 27. That the military shall always be in strict subordina¬ 
tion to the civil power; that no soldier shall, in time of peace, be 
quartered in any house without the consent of the owner, nor in 
time of war, except in the manner prescribed by law. 

Sec. 28. The right of trial by jury, as heretofore enjoyed, shall 
remain inviolate; but a jury for the trial of criminal or civil cases, 
in courts not of record, may consist of less than twelve men, as 
may be prescribed by law. Hereafter a grand jury shall consist of 
twelve men, any nine of whom concurring may find an indictment 
or a true bill. 


136 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Sec. 29. That the people have the right peaceably to assemble 
for their common good, and to apply to those invested with the 
powers of government for redress of grievances by petition or re¬ 
monstrance. 

Sec. 30. That no person shall be deprived of life, liberty, or 
property without due process of law. 

Sec. 31. That there can not be in this State either slavery or in¬ 
voluntary servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted. 

Sec. 32. The enumeration in this Constitution of certain rights 
shall not be construed to deny, impair, or disparage others retained 
by the people. 

ARTICLE III. 

TIIE DISTRIBUTION OF POWERS. 

The powers of government shall be divided into three distinct 
departments—the legislative, executive, and judicial—each of which 
shall be confided to a separate magistracy; and no person, or col¬ 
lection of persons, charged with the exercise of powers properly be¬ 
longing to one of those departments, shall exercise any power prop¬ 
erly belonging to either of the others, except in the instances in 
this Constitution expressly directed or permitted. 

ARTICLE IV. 
legislative department. 

Section 1 . The legislative power, subject to the limitations 
herein contained, shall be vested in a Senate and House of Repre¬ 
sentatives, to be styled “ The General Assembly of the State of 
Missouri.” 

REPRESENTATION and apportionment. 

Sec. 2. The House of Representatives shall consist of members 
to be chosen every second year by the qualified voters of the several 
counties, and apportioned in the following manner: The ratio of 
representation shall be ascertained at each apportioning session of 
the General Assembly, by dividing the w T hole number of inhabitants 
of the State, as ascertained by the last decennial census of the 
United States, by the number two hundred. Each county having 
one ratio, or less, shall be entitled to one Representative; each 


CONSTITUTION. 


137 


* county having two and a half times said ratio, shall be entitled to 
two Representatives; each county having four times said ratio, 
shall be entitled to three Representatives; each county having six 
times said ratio, shall be entitled to four Representatives; and so on 
above that number, giving one additional member for every two 
and a half additional ratios. 

Seo. 3. When any county shall be entitled to more than one 
Representative, the county court shall cause such county to be subdi¬ 
vided into districts of compact and contiguous territory, correspond¬ 
ing in number to the Representatives to which such county is en¬ 
titled, and in population as nearly equal as may be, in each of which 
the qualified voters shall elect one Representative, who shall be a 
resident of such district: Provided , That when any county shall be 
entitled to more than ten Representatives, the circuit court shall 
cause such county to be subdivided into districts, so as to give each 
district not less than two nor more than four Representatives, who 
shall be residents of such district; the population of the districts 
to be proportioned to the number of Representatives to be elected 
therefrom. 

Seo. 4. No person shall be a member of the House of Represent¬ 
atives who shall not have attained the age of twenty-four years, 
who shall not be a male citizen of the United States, who shall not 
have been a qualified voter of this State two years, and an inhabit¬ 
ant of the county or district which he may be chosen to represent, 
one year next before the day of his election, if such county or dis¬ 
trict shall have been so long established; but if not, then of the 
county or district from which the same shall have been taken, and 
who shall not have paid a State and county tax within one year 
next preceding the election. 

Seo. 5. The Senate shall consist of thirty-four members, to be 
chosen by the qualified voters of their respective districts for four 
years. For the election of Senators the State shall be divided into 
convenient districts as nearly equal in population as may be, the 
same to be ascertained by the last decennial census taken by the 
United States. 

Seo. 6. No person shall be a Senator who shall not have at¬ 
tained the age of thirty years, who shall not be a male citizen of 
the United States, who shall not have been a qualified voter of this 
State three years, and an inhabitant of the district which he may 


138 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


be chosen to represent, one year next before the day of his election * 
if such district shall have been so long established; but if not, then 
of the district or districts from which the same shall have been 
taken, and who shall not have paid a State and county tax within 
one year next preceding the election. When any county shall be 
entitled to more than one Senator, the circuit court shall cause such 
county to be subdivided into districts of compact and contiguous 
territory, and of population as nearly equal as may be, correspond¬ 
ing in number with the Senators to which such county may be enti¬ 
tled ; and in each of these one Senator, who shall be a resident of 
such district, shall be elected by the qualified voters thereof. 

Seo. 7. Senators and Representatives shall be chosen according 
to the rule of apportionment established in this Constitution, until 
the next decennial census by the United States shall have been 
taken, and the result thereof as to this State ascertained, when the 
apportionment shall be revised and adjusted on the basis of that 
census, and every ten years thereafter upon the basis of the United 
States census; or if such census be not taken, or is delayed, then 
on the basis of a State census ; such apportionment to be made at 
the first session of the General Assembly after each such census: 
Provided , That if at any time, or from any cause, the General As¬ 
sembly shall fail or refuse to district the State for Senators, as re¬ 
quired in this section, it shall be the duty of the Governor, Secre¬ 
tary of State, and Attorney-General, within thirty days after the 
adjournment of the General Assembly on which such duty devolved, 
to perform said duty, and to file in the office of the Secretary of 
State a full statement of the districts formed by them, including the 
names of the counties embraced in each district, and the numbers 
thereof; said statement to be signed by them, and attested by the 
great seal of the State, and, upon the proclamation of the Gov¬ 
ernor, the same shall be as binding and effectual as if done by the 
General Assembly. 

Seo. 8. Until an apportionment of Representatives can bo 
made, in accordance with the provisions of this article, the House 
of Representatives shall consist of one hundred and forty-three 
members, which shall be divided among the several counties of the 
State, as follows: The county of St. Louis shall have seventeen; 
the county of Jackson, four; the county of Buchanan, three; the 
counties of Franklin, Greene, Johnson, Lafayette, Macon, Marion, 


CONSTITUTION. 139 

Pike, and Saline, each two, and each of the other counties in the 
State one. 

Sec. 9. Senatorial and representative districts may he altered, 
from time to time, as public convenience may require. When any 
senatorial district shall be composed of two or more counties, they 
shall be contiguous ; such districts to be as compact as may be, and 
in the formation of the same no county shall be divided. 

Sec. 10. The first election of Senators and Representatives, 
under this Constitution, shall be held at the general election in the 
year one thousand eight hundred and seventy-six, when the whole 
number of Representatives, and the Senators from the districts 
having odd numbers, who shall compose the first class, shall be 
chosen ; and in one thousand eight hundred and seventy-eight, the 
Senators from the districts having even numbers, who shall com¬ 
pose the second class, and so on at each succeeding general election, 
half the Senators provided for by this Constitution shall be chosen. 

Sec. 11. Until the State shall be divided into senatorial districts, 
in accordance with the provisions of this article, said districts shall 
be constituted and numbered as follows : 

The First District shall be composed of the counties of Andrew, 
Holt, Nodaway, and Atchison. 

Second District—The counties of Buchanan, De Kalb, Gentry, 
and Worth. 

Third District—The counties of Clay, Clinton, and Platte. 

Fourth District—The counties of Caldwell, Ray, Daviess, and 
Harrison. 

Fifth District—The counties of Livingston, Grundy, Mercer, and 
Carroll. 

Sixth District—The counties of Linn, Sullivan, Putnam, and 
Chariton. 

Seventh District—The counties of Randolph, Howard, and 
Monroe. 

Eighth District—The counties of Adair, Macon, and Schuyler. 

NTinth District—The counties of Audrain, Boone, and Callaway. 

Tenth District—The counties of St. Charles and Warren. 

Eleventh District—The counties of Pike, Lincoln, and Mont¬ 
gomery. 

Twelfth District—The counties of Lewis, Clark, Scotland, and 
Knox. 


140 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Thirteentli District—The counties of Marion, Shelby, and Ralls. 

Fourteenth District—The counties of Bates, Cass, and Henry. 

Fifteenth District—The county of Jackson. 

Sixteenth District—The counties of Vernon, Barton, Jasper, 
Newton, and McDonald. 

Seventeenth District—The counties of Lafayette and Johnson. 

Eighteenth District—The counties of Greene, Lawrence, Barry, 
Stone, and Christian. 

Nineteenth District—The counties of Saline, Pettis, and Benton. 

Twentieth District—The counties of Polk, Hickory, Dallas, 
Dade, Cedar, and St. Clair. 

Twenty-first District—The counties of Laclede, Webster, Wright, 
Texas, Douglas, Taney, Ozark, and Howell. 

Twenty-second District—The counties of Phelps, Miller, Maries, 
Camden, Pulaski, Crawford, and Dent. 

Twenty-third District—The counties of Cape Girardeau, Missis¬ 
sippi, New Madrid, Pemiscot, Dunklin, Stoddard, and Scott. 

Twenty-fourth District—The counties of Iron, Madison, Bollin¬ 
ger, Wayne, Butler, Reynolds, Carter, Ripley, Oregon, and Shannon. 

Twenty-fifth District—The counties of Franklin, Gasconade, and 
Osage. 

Twenty-sixth District—The counties of Washington, Jefferson, 
St. Francois, Ste. Genevieve, and Perry. 

Twenty-eighth District—The counties of Cooper, Moniteau, 
Morgan, and Cole. 

St. Louis County shall be divided into seven districts, numbered 
respectively, as follows: 

Twenty-seventh, twenty-ninth, thirtieth, thirty-first, thirty-sec¬ 
ond, thirty-third, and thirty-fourth. 

Seo. 12. No Senator or Representative shall, during the term 
for which he shall have been elected, be appointed to any office 
under this State or any municipality thereof; and no member of 
Congress or person holding any lucrative office under the United 
States, or this State, or any municipality thereof (militia officers, 
justices of the peace, and notaries public excepted), shall be eligible 
to either House of the General Assembly, or remain a member 
thereof, after having accepted any such office or seat in either 
House of Congress. 

Seo. 13. If any Senator or Representative remove his residence 


CONSTITUTION. 


141 

from the district or county for which he was elected, his office shall 
thereby he vacated. 

Seo. 14. Writs of election to fill such vacancies as may occur in 
either House of the General Assembly, shall be issued by the Gov¬ 
ernor. 

Sec. 15. Every Senator and Representative elect, before entering 
upon the duties of his office, shall take and subscribe the following 
oath or affirmation: u I do solemnly swear [or affirm] that I will 
support the Constitution of the United States and of the State of 
Missouri, and faithfully perform the duties of my office ; and that I 
will not knowingly receive, directly or indirectly, any money or 
other valuable thing, for the performance or non-performance of 
any act or duty pertaining to my office, other than the compensation 
allowed by law.” The oath shall be administered in the halls of 
their respective Houses, to the members thereof, by some judge of 
the Supreme Court, or the Circuit Court, or the County Court of 
Cole County, or, after the organization, by the presiding officer of 
either House, and shall be filed in the office of the Secretary of 
State. Any member of either House refusing to take said oath or 
affirmation, shall be deemed to have thereby vacated his office, and 
any member convicted of having violated his oath or affirmation, 
shall be deemed guilty of perjury, and be for ever thereafter dis¬ 
qualified from holding any office of trust or profit in this State. 

Sec. 16. The members of the General Assembly shall severally 
receive from the public Treasury such compensation for their ser¬ 
vices as may, from time to time, be provided by law, not to exceed 
five dollars per day for the first seventy days of each session, and 
after that not to exceed one dollar per day for the remainder of the 
session, except the first session held under this Constitution, and 
during revising sessions, when they may receive five dollars per day 
for one hundred and twenty days, and one dollar per day for the 
remainder of such sessions. In addition to per diem, the members 
shall be entitled to receive traveling expenses or mileage, for any 
regular and extra session not greater than now provided by law; 
but no member shall be entitled to traveling expenses or mileage 
for any extra session that may be called within one day after an 
adjournment of a regular session. Committees of either House, or 
joint committees of both Houses, appointed to examine the institu¬ 
tions of the State, other than those at the seat of government, may 


142 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


receive their actual expenses, necessarily incurred while in the per¬ 
formance of such duty; the items of such expenses to be returned 
to the chairman of such committee, and by him certified to the 
State Auditor, before the same, or any part thereof, can be paid. 
Each member may receive at each regular session an additional 
sum of thirty dollars, which shall be in full for all stationery used 
in his official capacity, and all postage, and all other incidental ex¬ 
penses and perquisites; and no allowance or emoluments, for any 
purpose whatever, shall be made to or received by the members, or 
any member of either House, or for their use, out of the contin¬ 
gent fund or otherwise, except as herein expressly provided; 
and no allowance or emolument, for any purpose whatever, shall 
ever be paid to any officer, agent, servant, or employ^ of either 
House of the General Assembly, or of any committee thereof, ex¬ 
cept such per diem as may be provided for by law, not to exceed 
five dollars. 

Sec. 17. Each House shall appoint its own officers; shall be sole 
judge of the qualifications, election, and returns of its own members; 
may determine the rules of its own proceedings, except as herein 
provided; may arrest and punish by fine not exceeding three hun¬ 
dred dollars, or imprisonment in a county jail not exceeding ten 
days, or both, any person, not a member, who shall be guilty of 
disrespect to the House by any disorderly or contemptuous behavior 
in its presence during its sessions; may punish its members for dis¬ 
orderly conduct; and, with the concurrence of two thirds of all 
members-elect, may expel a member; but no member shall be ex¬ 
pelled a second time for the same cause. 

Seo. 18. A majority of the whole number of members of each 
House shall constitute a quorum to do business; but a smaller num¬ 
ber may adjourn from day to day, and may compel the attendance 
of absent members in such manner and under such penalties as each 
House may provide. 

Sec. 19. The sessions of each nouse shall be held with open 
doors, except in cases which may require secrecy. 

Seo. 20. The.General Assembly elected in the year one thousand 
eight hundred and seventy-six shall meet on the first Wednesday 
after the first day of January, one thousand eight hundred and sev¬ 
enty-seven ; and thereafter the General Assembly shall meet in 
regular session once only in every two years; and such meeting 


CONSTITUTION. 


143 


shall be on the first Wednesday after the first day of January next 
after the elections of the members thereof. 

Sec. 21. Every adjournment or recess taken by the General As¬ 
sembly for more than three days shall have the effect of and be an 
adjournment sine die. „ 

Seo. 22. Every adjournment or recess taken by the General As¬ 
sembly for three days or less shall be construed as not interrupting 
the session at which they are had or taken, but as continuing the 
session for all the purposes mentioned in section 16 of this article. 

Sec. 23. Neither House shall, without the consent of the other, 
adjourn for more than two days at any one time, nor to any other 
place than that in which the two Houses may be sitting. 

LEGISLATIVE PROCEEDINGS. 

Seo. 24. The style of the laws of this State shall be, u Be it en¬ 
acted by the General Assembly of the State of Missouri, as follows ” .* 

Seo. 25. No law shall be passed, except by bill, and no bill shall 
be so amended, in its passage through either House, as to change its 
original purpose. 

Seo. 26. Bills may originate in either House, and may be amended 
or rejected by the other; and every bill shall be read on three dif¬ 
ferent days in each House. 

Sec. 27. No bill shall be considered for final passage unless the 
same has been reported upon by a committee and printed for the 
use of the members. 

Seo. 28. No bill (except general appropriation bills, which may 
embrace the various subjects and accounts for and on account of 
which moneys are appropriated, and except bills passed under the 
third subdivision of section 44 of this article) shall contain more 
than one subject, which shall be clearly expressed in its title. 

Sec. 29. All amendments adopted by either House to a bill 
pending and originating in the same, shall be incorporated with the 
bill by engrossment, and the bill as thus engrossed shall be printed 
for the use of the members before its final passage. The engrossing 
and printing shall be under the supervision of a committee, whose 
report to the House shall set forth, in writing, that they find the 
bill truly engrossed, and that the printed copy furnished to the 
members is correct. 

Sec. 30. If a bill passed by either House be returned thereto, 


144 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


amended by the other, the House to which the same is returned 
shall cause the amendment or amendments so received to be printed 
under the same supervision, as provided in the next preceding sec¬ 
tion, for the use of the members before final action on such amend¬ 
ments. 

Sec. 31. No bill shall become a law, unless on its final passage 
the vote be taken by yeas and nays, the names of the members 
voting for and against the same be entered on the journal, and a 
majority of the members elected to each House be recorded thereon 
as voting in its favor. 

Sec. 32. No amendment to bills by one House shall be concurred 
in by the other, except by a vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those 
voting for and against recorded upon the journal thereof; and 
reports of committees of conference shall be adopted in either 
House only by the vote of a majority of the members elected 
thereto, taken by yeas and nays, and the names of those voting 
recorded upon the journal. 

Sec. 33. No act shall be revived or re-enacted by mere refer¬ 
ence to the title thereof, but the same shall be set forth at length, 
as if it were an original act. 

Sec. 34. No act shall be amended by providing that designated 
words thereof be stricken out, or that designated words be inserted, 
or that designated words be stricken out and others inserted in lieu 
thereof; but the words to be stricken out, or the words to be in¬ 
serted, or the words to be stricken out and those inserted in lieu 
thereof, together with the act or section amended, shall be set forth 
in full, as amended. 

Sec. 35. When a bill is put upon its final passage in either House, 
and, failing to pass, a motion is made to reconsider the vote by which 
it was defeated, the vote upon such motion to reconsider shall be 
immediately taken, and the subject finally disposed of before the 
House proceeds to any other business. 

Sec. 3G. No law passed by the General Assembly, except the 
general appropriation act, shall take effect or go into force until 
ninety days after the adjournment of the session at which it was 
enacted, unless in case of an emergency (which emergency must be 
expressed in the preamble or in the body of the act), the General 
Assembly shall, by a vote of two thirds of all the members elected 


CONSTITUTION. 


145 


to each House, otherwise direct; said vote to be taken by yeas and 
nays, and entered upon the journal. 

Seo. 37. No bill shall become a law until the same shall have 
been signed by the presiding officer of each of the two Houses in 
open session ; and, before such officer shall affix his signature to any 
bill, he shall suspend all other business, declare that such bill will 
now be read, and that, if no objections be made, he will sign the 
same to the end that it may become a law. The bill shall then be 
read at length, and, if no objections be made, he shall, in presence 
of the House in open session, and before any other business is enter¬ 
tained, affix his signature, which fact shall be noted on the journal, 
and the bill immediately sent to the other House. When it reaches 
the other House, the presiding officer thereof shall immediately 
suspend all other business, announce the reception of the bill, and 
the same proceedings shall thereupon be observed, in every respect, 
as in the House in which it was first signed. If in either House any 
member shall object that any substitution, omission, or insertion 
has occurred, so that the bill proposed to be signed is not the same 
in substance and form as when considered and passed by the House, 
or that any particular clause of this article of the Constitution has 
been violated in its passage, such objection shall be passed upon by 
the House, and, if sustained, the presiding officer shall withhold his 
signature; but if such objection shall not be sustained, then any five 
members may embody the same, over their signatures, in a written 
protest, under oath, against the signing of the bill. Said protest 
when offered in the House shall be noted upon the journal, and the 
original shall be annexed to the bill to be considered-by the Gov¬ 
ernor in connection therewith. 

Seo. 38. When the bill has been signed, as provided for in the 
preceding section, it shall be the duty of the Secretary of the Sen¬ 
ate, if the bill originated in the Senate, and of the Chief Clerk of 
the House of Representatives, if the bill originated in the House, to 
present the same in person, on the same day on which it was signed 
as aforesaid, to the Governor, and enter the fact upon the journal. 
Every bill presented to the Governor, and returned within ten days 
to the House in which the same originated, with the approval of 
the Governor, shall become a law, unless it be in violation of some 
provision of this Constitution. 

Seo. 39. Every bill presented as aforesaid, but returned without 
7 


146 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the approval of the Governor, and with his objections thereto, shall 
stand as reconsidered in the House to which it is returned. The 
House shall cause the objections of the Governor to be entered at 
large upon the journal, and proceed, at its convenience, to consider 
the question pending, which shall be in this form : “Shall the bill 
pass, the objections of the Governor thereto notwithstanding?” 
The vote upon this question shall be taken by yeas and nays, and 
the names entered upon the journal, and, if two thirds of all the 
members elected to the House vote in the affirmative, the presiding 
officer of that House shall certify that fact on the roll, attesting the 
same by his signature, and send the bill, with the objections of the 
Governor, to the other House, in which like proceedings shall be 
had in relation thereto ; and, if the bill receive a like majority of the 
votes of all the members elected to that House, the vote being taken 
by yeas and nays, the presiding officer thereof shall, in like manner, 
certify the fact upon the bill. The bill thus certified shall be depos¬ 
ited in the office of the Secretary of State, as an authentic act, and 
shall become a law in the same manner and with like effect as if it 
had received the approval of the Governor. 

Seo. 40. Whenever the Governor shall fail to perform his duty, 
as prescribed in section 12, Article V of this Constitution, in rela¬ 
tion to any bill presented to him for his approval, the General As¬ 
sembly may, by joint resolution, reciting the fact of such failure and 
the bill at length, direct the Secretary of State to enroll the same 
as an authentic act, in the archives of the State, and such enroll- . 
ment shall have the same effect as an approval by the Governor: 
Provided , That such joint resolution shall not be submitted to the 
Governor for his approval. 

Sec. 41. Within five years after the adoption of this Constitution, 
all the statute laws of a general nature, both civil and criminal, shall 
be revised, digested, and promulgated in such manner as the General 
Assembly shall direct; and a like revision, digest, and promulgation, 
shall be made at the expiration of every subsequent period often years. 

Seo. 42. Each House* shall, from time to time, publish a journal 
of its proceedings, and the yeas and nays on any question shall be 
taken and entered on the journal at the motion of any two mem¬ 
bers. Whenever the yeas and nays are demanded, the whole list 
of members shall be called, and the names of the absentees shall be 
noted and published in the journal. 


CONSTITUTION. 


147 


LIMITATION ON LEGISLATIVE POWER. 

Seo. 43. All revenue collected and moneys received by the 
State from any source whatsoever, shall go into the Treasury, and 
the General Assembly shall have no power to divert the same, or to 
permit money to be drawn from the Treasury, except in pursuance 
of regular appropriations made by law. All appropriations of 
money by the successive General Assemblies shall be made in the 
following order : 

First. For the payment of all interest upon the bonded debt of 
the State that may become due during the term for which each 
General Assembly is elected. 

Second. For the benefit of the sinking fund, which shall not be 
less annually than two hundred and fifty thousand dollars. 

Third. For free public-school purposes. 

Tourth. For the payment of the cost of assessing and collecting 
the revenue. 

Fifth. For the payment of the civil list. 

Sixth. For the support of the eleemosynary institutions of the 
State. 

Seventh. For the pay of the General Assembly, and such other 
purposes, not herein prohibited, as it may deem necessary ; but no 
General Assembly shall have power to make any appropriation of 
money for any purpose whatsoever, until the respective sums neces¬ 
sary for the purposes in this section specified have been set apart 
and appropriated, or to give priority in its action to a succeeding 
over a preceding item as above enumerated. 

Sec. 44. The General Assembly shall have no power to contract 
or to authorize the contracting of any debt or liability on behalf of 
the State, or to issue bonds or other evidences of indebtedness 
thereof, except in the following cases : 

First. In renewal of existing bonds when they can not be paid 
at maturity out of the sinking fund or other resources. 

Second. On the occurring of an unforeseen emergency, or casual 
deficiency of the revenue when the temporary liability incurred, 
upon the recommendation of the Governor first had, shall not ex¬ 
ceed the sum of two hundred and fifty thousand dollars for any one 
year, to be paid in not more than two years from and after its 
creation. 

Third. On the occurring of any unforeseen emergency or casual 


148 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


deficiency of the revenue, when the temporary liability incurred or 
to be incurred shall exceed the sum of two hundred and fifty thou¬ 
sand dollars for any one year, the General Assembly may submit an 
act, providing for the loan, or for the contracting of the liability, 
and containing a provision for levying a tax sufficient to pay the 
interest and principal when they become due (the latter in not more 
than thirteen years from the date of its creation), to the qualified 
voters of the State, and when the act so submitted shall have been 
ratified by a two-thirds majority, at an election held for that pur¬ 
pose, due publication having been made of the provisions of the act 
for at least three months before such election, the act thus ratified 
shall be irrepealable until the debt thereby incurred shall be paid, 
principal and interest. 

Seo. 45. The General Assembly shall have no power to give or 
to lend, or to authorize the giving or lending of the credit of the 
State in aid of or to any person, association, or corporation, whether 
municipal or other, or to pledge the credit of the State in any man¬ 
ner whatsoever, for the payment of the liabilities present or pros¬ 
pective, of any individual, association of individuals, municipal or 
other corporation whatsoever. 

Sec. 46. The General Assembly shall have no power to make 
any grant, or to authorize the making of any grant of public money 
or thing of value to any individual, association of individuals, mu¬ 
nicipal or other corporation whatsoever: Provided, That this shall 
not be so construed as to prevent the grant of aid in a case of 
public calamity. 

Seo. 47. The General Assembly shall have no power to authorize 
any county, city, town, or township, or other political corporation 
or subdivision of the State now existing, or that may be hereafter 
established, to lend its credit, or to grant public money or thing of 
value in aid of, or to any individual, association, or corporation what¬ 
soever, or to become a stockholder in such corporation, association, 
or company. 

Seo. 48. The General Assembly .shall have no power to grant, 
or to authorize any county or municipal authority to grant any 
extra compensation, fee, or allowance to a public officer, agent, ser¬ 
vant, or contractor, after service has been rendered or a contract 
has been entered into and performed in whole or in part, nor pay 
nor authorize the payment of any claim hereafter created against 


CONSTITUTION. 


149 


the State, or any county or municipality of the State, under any 
agreement or contract made without express authority of law ; and 
all such unauthorized agreements or contracts shall be null and void. 

Sec. 49. The General Assembly shall have no power hereafter 
to subscribe or authorize the subscription of stock on behalf of the 
State, in any corporation or association, except for the purpose of 
securing loans heretofore extended to certain railroad corporations 
by the State. 

Sec. 50. The General Assembly shall have no power to release 
or alienate the lien held by the State upon any railroad, or in any¬ 
wise change the tenor or meaning, or pass any act explanatory 
thereof; but the same shall be enforced in accordance with the 
original terms upon which it was acquired. 

Seo. 51. The General Assembly shall have no power to release 
or extinguish, or authorize the releasing or extinguishing, in whole 
or in part, the indebtedness, liability, or obligation of any corpora¬ 
tion or individual, to this State, or to any county or other municipal 
corporation therein. 

Sec. 52. The General Assembly shall have no power to make 
any appropriation of money, or to issue any bonds or other evi¬ 
dences of indebtedness for the payment, or on account, or in recog¬ 
nition of any claims audited, or that may hereafter be audited, by 
virtue of an act entitled “ An act to audit and adjust the war debt 
of the State,” approved March 19, 1874, or any act of a similar 
nature, until after the claims so audited shall have been presented 
to and paid by the Government of the United States to the State of 
Missouri. 

Sec. 53. The General Assembly shall not pass any local or spe¬ 
cial law— 

Authorizing the creation, extension, or impairing of liens: 

Regulating the affairs of counties, cities, townships, wards, or 
school districts: 

Changing the names of persons or places : 

Changing the venue in civil or criminal cases: 

Authorizing the laying out, opening, altering, or maintaining 
roads, highways, streets, or alleys: 

Relating to ferries or bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other State: 


150 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Vacating roads, town-plats, streets, or alleys: 

Relating to cemeteries, grave-yards, or public grounds not of 
the State : 

Authorizing the adoption or legitimation of children: 

Locating or changing county-seats : 

Incorporating cities, towns, or villages, or changing their char¬ 
ters: 

For the opening and conducting of elections, or fixing or chang¬ 
ing the places of voting: 

Granting divorces: 

Erecting new townships, or changing township lines, or the lines 
of school districts : 

Creating offices, or prescribing the powers and duties of officers 
in counties, cities, townships, election or school districts: 

Changing the law of descent or succession: 

Regulating the practice or jurisdiction of, or changing the rules 
of evidence in, any judicial proceeding or inquiry before courts, 
justices of the- peace, sheriffs, commissioners, arbitrators, or other 
tribunals, or providing or changing methods for the collection of 
debts, or the enforcing of judgments, or prescribing the effect of 
judicial sales of real estate: 

Regulating the fees or extending the powers and duties of aider- 
men, justices of the peace,- magistrates, or constables: 

Regulating the management of public schools, the building or re¬ 
pairing of school-houses, and the raising of money for such purposes: 

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability: 

Remitting fines, penalties, and forfeitures, or refunding moneys 
legally paid into the Treasury: 

Exempting property from taxation: 

Regulating labor, trade, mining, or manufacturing: 

Creating corporations, or amending, renewing, extending, or ex¬ 
plaining the charter thereof: 

Granting to any corporation, association, or individual any spe¬ 
cial or exclusive right, privilege, or immunity, or to any corpora¬ 
tion, association, or individual, the right to lay down a railroad- 
track : 

Declaring any named person of age: 

Extending the time for the assessment or collection of taxes, or 


CONSTITUTION. 


151 


otherwise relieving any assessor or collector of taxes from the due 
performance of their official duties, or their securities from liability: 

Giving effect to informal or invalid wills or deeds: 

Summoning or impaneling grand or petit juries : 

For limitation of civil actions : 

Legalizing the unauthorized or invalid acts of any officer or 
agent of the State, or of any county or municipality thereof. In all 
other cases where a general law can be made applicable, no local or 
special law shall be enacted; and, whether a general law could have 
been made applicable in any case, is hereby declared a judicial 
question, and as such shall be judicially determined without regard 
to any legislative assertion on that subject: 

Nor shall the General Assembly indirectly enact such special or 
local law by the partial repeal of a general law ; but laws repealing 
local or special acts may be passed. 

Sec. 54. No local or special law shall be passed unless notice of 
the intention to apply therefor shall have been published in the local¬ 
ity where the matter or thing to be affected may be situated, which 
notice shall state the substance of the contemplated law, and shall 
be published at least thirty days prior to the introduction into the 
General Assembly of such bill, and in the manner to be provided 
by law. The evidence of such notice having been published, shall 
be exhibited in the General Assembly before such act shall he passed, 
and the notice shall be recited in the act according to its tenor. 

Sec. 55. The General Assembly shall have no power, w T hen con¬ 
vened in extra session by the Governor, to act upon subjects other 
than those specially designated in the proclamation by which the 
session is called, or recommended by special message to its consider¬ 
ation by the Governor after it shall have have been convened. 

Seo. 56. The General Assembly shall have no power to remove 
the seat of government of this State from the City of Jefferson. 

ARTICLE Y. 

EXECUTIVE DEPARTMENT. 

Section 1. The executive department shall consist of a Govern¬ 
or, Lieutenant-Governor, Secretary of State, State Auditor, State 
Treasurer, Attorney-General, and Superintendent of Public Schools, 
all of whom, except the Lieutenant-Governor, shall reside at the 
seat of government during their term of office, and keep the public 


152 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


records, books, and papers there, and shall perform such duties as 
may be prescribed by law. 

Sec. 2. The term of office of the Governor, Lieutenant-Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney-General, 
and Superintendent of Public Schools, shall be four years from the 
second Monday of January next after their election, and until their 
successors are elected and qualified; and the Governor and State 
Treasurer shall be ineligible to re-election as their own successors. 
At the general election to be held in the year one thousand eight 
hundred and seventy-six, and every four years thereafter, all of 
such officers, except the Superintendent of Public Schools, shall be 
elected; and the Superintendent of Public Schools shall be elected 
at the general election in the year one thousand eight hundred and 
seventy-eight, and every four years thereafter. 

Sec. 3. The returns of every election for the above-named officers 
shall be sealed up and transmitted by the returning officers to the 
Secretary of State, directed to the Speaker of the House of Repre¬ 
sentatives, who shall immediately after the organization of the 
House, and before proceeding to other business, open and publish 
the same in the presence of a majority of each House of the General 
Assembly, who shall for that purpose assemble in the hall of the 
House of Representatives. The person having the highest number 
of votes for either of said offices shall be declared duly elected; but, 
if two or more shall have an equal and the highest number of votes, 
the General Assembly shall, by joint vote, choose one of such per¬ 
sons for said office. 

Sec. 4. The supreme executive power shall be vested in a Chief 
Magistrate, who shall be styled “ The Governor of the State of Mis¬ 
souri.” 

Sec. 5. The Governor shall be at least thirty-five years old, a 
male, and shall have been a citizen of the United States ten years, 
and a resident of this State seven years next before his election. 

Sec. 6. The Governor shall take care that the laws are distrib¬ 
uted and faithfully executed; and he shall be a conservator of the 
peace throughout the State. 

Sec. 7. The Governor shall be commander-in-chief of the militia 
ol this State, except when they shall be called into the service of 
the United States, and may call out the same to execute the laws, 
suppress insurrection, and repel invasion; but he need not command 


CONSTITUTION. 153 

in person unless directed so to do by a resolution of the General 
Assembly. 

Sec. 8. The Governor shall have power to grant reprieves, com¬ 
mutations, and pardons, after conviction, for all offenses, except 
treason, and cases of impeachment, upon such condition and with 
such restrictions and limitations as he may think proper, subject to 
such regulations as may be provided by law relative to the manner 
of applying for pardons. He shall, at each session of the General 
Assembly, communicate to that body each case of reprieve, com¬ 
mutation, or pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, the date 
of the commutation, pardon, or reprieve, and the reason for granting 
the same. 

Sec. 9. The Governor shall, from time to time, give to the Gen¬ 
eral Assembly information relative to the state of the government, 
and shall recommend to its consideration such measures as he shall 
deem necessary and expedient. On extraordinary occasions he may 
convene the General Assembly by proclamation, wherein he shall 
state specifically each matter concerning which the action of that 
body is deemed necessary. 

Sec. 10. The Governor shall, at the commencement of each ses¬ 
sion of the General Assembly, and at the close of his term of office, 
give information by message of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
account to the General Assembly, in such manner as may be pre¬ 
scribed by law, for all moneys received and paid out by him from 
any funds subject to his order, with vouchers; and, at the com¬ 
mencement of each regular session, present estimates of the amount 
of money required to be raised by taxation for all purposes. 

Sec. 11. When any office shall become vacant, the Governor, un¬ 
less otherwise provided by law, shall appoint a person to fill such 
vacancy, who shall continue in office until a successor shall have been 
duly elected or appointed and qualified according to law. 

Sec. 12. The Governor shall consider all bills and joint resolu¬ 
tions, which, having been passed by both Houses of the General 
Assembly, shall be presented to him. He shall, within ten days 
after the same shall have been presented to him, return to the House 
in which they respectively originated, all such bills and joint resolu¬ 
tions, with his approval indorsed thereon, or accompanied by his 


154 


TEE CIVIL SYSTEM OF MISSOURI, 1881. 


objections: Provided , That if the General Assembly shall finally ad¬ 
journ within ten days after such presentation, the Governor may, 
within thirty days thereafter, return such bills and resolutions to 
the office of thq Secretary of State, with his approval or reasons for 
disapproval. 

Sec. 13. If any bill presented to the Governor contain several 
items of appropriation of money, he may object to one or more 
items while approving other portions of the bill. In such case he 
shall append to the bill, at the time of signing it, a statement of the 
items to which he objects, and the appropriations so objected to 
shall not take effect. If the General Assembly be in session, he 
shall transmit to the House in which the bill originated a copy of 
such statement, and the items objected to shall be separately recon¬ 
sidered. If it be not in session, then he shall transmit the same 
within thirty days to the office of Secretary of State, with his ap¬ 
proval or reasons for disapproval. 

Sec. 14. Every resolution to which the concurrence of the Sen¬ 
ate and House of Representatives may be necessary, except on ques¬ 
tions of adjournment, of going into joint session, and of amending 
this Constitution, shall be presented to the Governor, and, before 
the same shall take effect, shall be proceeded upon in the same 
manner as in the case of a bill: Provided , That no resolution shall 
have the effect to repeal, extend, alter, or amend any law. 

Sec. 15. The Lieutenant-Governor shall possess the same qualifi¬ 
cations as the Governor, and by virtue of his office shall be President 
of the Senate. In Committee of the Whole he may debate all ques¬ 
tions; and when there is an equal division he shall give the casting 
vote in the Senate, and also in joint vote of both Houses. 

Sec. 16. In case of death, conviction, or impeachment, failure to 
qualify, resignation, absence from the State, or other disability of 
the Governor, the powers, duties, and emoluments of the office for 
the residue of the term, or until the disability shall be removed, shall 
devolve upon the Lieutenant-Governor. * 

Sec. 17. The Senate shall choose a President pro tempore to pre¬ 
side in cases of the absence or impeachment of the Lieutenant-Gov¬ 
ernor, or when he shall hold the office of Governor. If there be no 
Lieutenant-Governor, or the Lieutenant-Governor shall, for any of 
the causes specified in section 16 of this article, become incapable 
of performing the duties of the office, the President of the Senate 


CONSTITUTION. 


155 


shall act as Governor until the vacancy is filled or the disability 
removed; and if the President of the Senate, for any of the above- 
named causes, shall become incapable of performing the duties of 
Governor, the same shall devolve upon the Speaker of the House of 
Representatives, in the same manner, and with the same powers 
and compensation, as are prescribed in the case of the office de¬ 
volving upon the Lieutenant-Governor. 

Seo. 18. The Lieutenant-Governor or the President pro tempore 
of the Senate, while presiding in the Senate, shall receive the same 
compensation as shall be allowed to the Speaker of the House of 
Representatives. 

Seo. 19. Ho person shall be eligible to the office of Secretary of 
State, State Auditor, State Treasurer, Attorney-General, or Super¬ 
intendent of Public Schools, unless he be a male citizen of the 
United States and at least twenty-five years old, and shall have re¬ 
sided in this State at least five years next before his election. 

Sec. 20. The Secretary of State shall be the custodian of the seal 
of the State, and authenticate therewith all official acts of the Gov¬ 
ernor, his approval of laws excepted. The said seal shall be called 
the “ Great Seal of the State of Missouri,” and the emblems and 
devices thereof, heretofore prescribed by law, shall not be subject 
to change. 

Sec. 21. The Secretary of State shall keep a register of the offi¬ 
cial acts of the Governor, and, when necessary, shall attest them, 
and lay copies of the same, together with copies of all papers rela¬ 
tive thereto, before either House of the General Assembly whenever 
required to do so. 

Sec. 22. An account shall be kept by the officers of the execu¬ 
tive department of all moneys and clioses in action disbursed, or 
otherwise disposed of by them, severally, from all sources, and for 
every service performed; and a semi-annual report thereof shall be 
made to the Governor under oath. The Governor may at any time 
require information, in writing, under oath, from the officers of the 
executive department, and all officers and managers of the State 
institutions, upon any subject relating to the condition, management, 
and expenses of their respective offices and institutions ; which in¬ 
formation, when so required, shall be furnished by such officers and 
managers, and any officer or manager who at any time shall make a 
false report, shall be guilty of perjury and punished accordingly. 


156 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Seo. 23. The Governor shall commission all officers not other¬ 
wise provided for by law. All commissions shall run in the Dame 
and by the authority of the State of Missouri, be signed by the 
Governor, sealed with the great seal of the State of Missouri, and 
attested by the Secretary of State. 

Sec. 24. The officers named in this article shall receive for their 
services a salary to be established by law, which shall not be in¬ 
creased or diminished during their official terms ; and they shall not, 
after the expiration of the terms of those in office at the adoption 
of this Constitution, receive to their own use any fees, costs, per¬ 
quisites of office, or other compensation. All fees that may here¬ 
after be payable by law for any service performed by any officer 
provided for in this article shall be paid in advance into the State 
Treasury. 

Seo. 25. Contested elections of Governor and Lieutenant-Gov¬ 
ernor shall be decided by a joint vote of both Houses of the Gen¬ 
eral Assembly, in such manner as may bo provided bylaw; and 
contested elections of Secretary of State, State Auditor, State 
Treasurer, Attorney-General, and Superintendent of Public Schools, 
shall be decided before such tribunal and in such manner as may be 
provided by law. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1 . The judicial power of the State, as to matters of law 
and equity, except as in this Constitution otherwise provided, shall 
be vested in a Supreme Court, the St. Louis Court of Appeals, Cir¬ 
cuit Courts, Criminal Courts, Probate Courts, County Courts, and 
Municipal Corporation Courts. 

Sec. 2. The Supreme Court, except in cases otherwise directed 
by this Constitution, shall have appellate jurisdiction only, which 
shall be coextensive with the State, under the restrictions and limi¬ 
tations in this Constitution provided. 

Seo. 3. The Supreme Court shall have a general superintending 
control over all inferior courts. It shall have power to issue writs 
of habeas corpus, mandamus, quo warranto, certiorari, and other 
original remedial writs, and to hear and determine the same. 

Sec. 4. The judges of the Supreme Court shall hold office for the 
term of ten years. The judge oldest in commission shall be Chief- 
Justice of the court; and, if there be more than one commission of 


CONSTITUTION. 157 

the same date, the court may select the Chief-Justice from the judges 
holding the same. 

Seo. 5. The Supreme Court shall consist of five judges, any three 
of whom shall constitute a quorum; and said judges shall be con¬ 
servators of the peace throughout the State, and shall be elected by 
the qualified voters thereof. 

Seo. 6. The judges of the Supreme Court shall be citizens of the 
United States, not less than thirty years old, and shall have been 
citizens of this State for five years next preceding their election or 
appointment, and shall be learned in the law. 

Sec. 7. The full terms of the judges of the Supreme Court shall 
commence on the first day of January next ensuing their election, 
and those elected to fill any vacancy shall also enter upon the dis¬ 
charge of their duties on the first day of January next ensuing such 
election. Those appointed shall enter upon the discharge of their 
duties as soon as qualified. 

Seo. 8. The present judges of the Supreme Court shall remain in 
office until the expiration of their respective terms of office. To 
fill their places as their terms expire, one judge shall be elected at 
the general election in eighteen hundred and seventy-six, and one 
every two years thereafter. 

Seo. 9. The Supreme Court shall be held at the seat of govern¬ 
ment at such times as may be prescribed by law ; and, until other¬ 
wise directed by law, the terms of said court shall commence on the 
third Tuesday in October and April of each year. 

Sec. 10. The State shall provide a suitable court-room at the 
seat of government, in which the Supreme Court shall hold its ses¬ 
sions ; also a clerk’s office, furnished offices for the judges, and the 
use of the State Library. 

Seo. 11. If, in any cause pending in the Supreme Court, or the 
St. Louis Court of Appeals, the judges sitting shall be equally divided 
in opinion, no judgment shall be entered therein based on such di¬ 
vision ; but the parties to the cause may agree upon some person, 
learned in the law, to act as special judge in the cause, who shall 
therein sit with the court, and give decision in the same manner 
and with the same effect as one of the judges. If the parties can 
not agree upon a special judge, the court shall appoint one. 

Seo. 12. There is hereby established in the city of St. Louis an 
appellate court, to be known as the “St. Louis Court of Appeals,” 


158 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the jurisdiction of which shall be coextensive with the city of St. 
Louis and the counties of St. Louis, St. Charles, Lincoln, and War¬ 
ren. Said court shall have power to issue writs of habeas corpus, 
quo warranto, mandamus, certiorari, and other original remedial 
w T rits, and to hear and determine the same; and shall have a super¬ 
intending control over all inferior courts of record in said counties. 
Appeals shall lie from the decisions of the St. Louis Court of Ap¬ 
peals to the Supreme Court, and writs of error may issue from the 
Supreme Court to said court in the following cases only: In all 
cases where the amount in dispute, exclusive of costs, exceeds the 
sum of two thousand five hundred dollars; in cases involving the 
construction of the Constitution of the United States or of this State; 
in cases where the validity of a treaty or statute of, or authority 
exercised under, the United States is drawn in question; in cases 
involving the construction of the revenue laws of this State, or 
the title to any office under this State; in cases involving title to 
real estate; in cases where a county or other political subdivis¬ 
ion of the State or any State officer is a party, and in all cases of 
felony. 

Sec. 13. The St. Louis Court of xYppeals shall consist of three 
judges, to be elected by the qualified voters of the city of St. Louis, 
and the counties of St. Louis, St. Charles, Lincoln, and Warren, 
who shall hold their offices for the period of twelve years. They 
shall be residents of the district composed of said counties, shall 
possess the same qualifications as judges of the Supreme Court, and 
each shall receive the same compensation as is now, or may be, 
provided by law for the judges of the circuit court of St. Louis 
County, and be paid from the same sources: Provided , That each 
of said counties shall pay its proportional part of the same accord¬ 
ing to its taxable property. 

Seo. 14. The judges of said court shall be conservators of the 
peace throughout said counties. Any two of said judges shall con¬ 
stitute a quorum. There shall be two terms of said court to be held 
each year, on the first Monday of March and October, and the first 
term of said court shall be held on the first Monday of January, 
eighteen hundred and seventy-six. 

8eo. 15. The opinions of said court shall be in writing, and shall 
be filed in the cases in which they shall be respectively made, and 
become parts of their record; and all laws relating to the practice 


CONSTITUTION. 159 

in the Supreme Court shall apply to this court, so far as the same 
may be applicable. 

Sec. 16. At the first general election held in said city and coun¬ 
ties after the adoption of this Constitution, three judges of said 
court shall be elected, who shall determine by lot the duration of 
their several terms of office, which shall be respectively four, eight, 
and twelve years, and certify the result to the Secretary of State; 
and every four years thereafter one judge of said court shall be 
elected to hold office for the term of twelve years. The term of 
office of such judges shall begin on the first Monday in January 
next ensuing their election. The judge having the oldest license 
to practice law in this State, shall be the presiding judge of said 
court. 

Sec. 17. Upon the adoption of this Constitution the Governor 
shall appoint three judges for said court, who shall hold their offices 
until the first Monday of January, eighteen hundred and seventy- 
seven, and until their successors shall be duly qualified. 

Sec. 18. The clerk of the Supreme Court at St. Louis shall be 
the clerk of the St. Louis Court of Appeals until the expiration of 
the term for which he was appointed clerk of the Supreme Court, 
and until his successor shall be duly qualified. 

Sec. 19. All cases which may be pending in the Supreme Court 
at St. Louis at the time of the adoption of this Constitution, which 
by its terms would come within the final appellate jurisdiction of 
the St. Louis Court of Appeals, shall be certified and transferred to 
the St. Louis Court of Appeals, to be heard and determined by said 
court. 

Sec. 20. All cases coming to said court by appeal, or writ of 
error, shall be triable at the expiration of fifteen days from the filing 
of the transcript in the office of the clerk of said court. 

Sec. 21. Upon the adoption of this Constitution, and after the 
close of the next regular terms of the Supreme Court at St. Louis 
and St. Joseph, as now established by law, the office of the clerk 
of the Supreme Court at St. Louis and St. Joseph shall be vacated, 
and said clerks shall transmit to the clerk of the Supreme Court at 
Jefferson City all the books, records, documents, transcripts, and 
papers belonging to their respective offices, except those required 
by section 19 of this article, to be turned over to the St. Louis 
Court of Appeals; and said records, documents, transcripts, and 


160 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


papers shall become part of the records, documents, transcripts, and 
papers of said Supreme Court at Jefferson City, and said court shall 
hear and determine all the cases thus transferred as other cases. 

Seo. 22. The circuit court shall have jurisdiction over all crimi¬ 
nal cases not otherwise provided for by law; exclusive original 
jurisdiction in all civil cases not otherwise provided for; and such 
concurrent jurisdiction with, and appellate jurisdiction from, inferior 
tribunals and justices of the peace as is or may be provided by law. 
It shall hold its terms at such times and places in each county as 
may be by law directed ; but at least two terms shall be held every 
year in each county. 

Seo. 23. The circuit court shall exercise a superintending control 
over criminal courts, probate courts, county courts; municipal cor¬ 
poration courts, justices of the peace, and all inferior tribunals in 
each county in their respective circuits. 

Seo. 24. The State, except as otherwise provided in this Con¬ 
stitution, shall be divided into convenient circuits of contiguous 
counties, in each of which circuits one circuit judge shall be elected ; 
and such circuits may be changed, enlarged, diminished, or abolished 
from time to time, as public convenience may require; and when¬ 
ever a circuit shall be abolished, the office of the judge of such cir¬ 
cuit shall cease. 

Seo. 25. The judges of the circuit courts shall be elected by the 
qualified voters of each circuit; shall hold their offices for the term 
of six years, and shall reside in and be conservators of the peace 
within their respective circuits. 

Seo. 26. No person shall be eligible to the office of judge of the 
circuit court who shall not have attained the age of thirty years, 
been a citizen of the United States five years, a qualified voter of 
this State for three years, and who shall not be a resident of the 
circuit in which he may be elected or appointed. 

Seo. 27. The circuit court of St. Louis county shall be composed 
of five judges, and such additional number as the General Assembly 
may from time to time provide. Each of said judges shall sit sep¬ 
arately for the trial of causes and the transaction of business in 
special term. The judges of said circuit court may sit in general 
term, for the purpose of making rules of court, and for the transac¬ 
tion of such other business as may be provided by law, at such time 
as they may determine, but shall have no power to review any 


CONSTITUTION. 


161 


order, decision, or proceeding of the court in special term. The St. 
Louis Court of Appeals shall have exclusive jurisdiction of all ap¬ 
peals from, and writs of error to, the circuit courts of St. Charles, 
Lincoln, and "Warren Counties, and the circuit court of St. Louis 
County in special term, and all courts of record having criminal 
jurisdiction in said counties. 

Seo. 28. In any circuit composed of a single county, the General 
Assembly may, from time to time, provide for one or more addi¬ 
tional judges, as the business shall require; each of whom shall 
separately try cases and perform all other duties imposed upon 
circuit judges. 

Seo. 29. If there be a vacancy in the office of judge of any 
circuit, or if the judge be sick, absent, or from any cause unable to 
hold any term or part of term of court, in any county in his circuit, 
such term or part of term of court may be held by a judge of any 
other circuit; and at the request of the judge of any circuit, any 
term of court, or part of term, in his circuit, may be held by the 
judge of any other circuit, and in all such cases, or in any case 
where the judge can not preside, the General Assembly shall make 
such additional provision for holding court as may be found neces¬ 
sary. 

Seo. 30. The election of judges of all courts of record shall be 
held as is or may be provided by law, and in case of a tie or con¬ 
tested election between the candidates, the same shall be determined 
as prescribed by law. 

Seo. 31. The General Assembly shall have no power to establish 
criminal courts, except in counties having a population exceeding 
fifty thousand. 

Seo. 32. In case the office of judge of any court of record be¬ 
come vacant by death, resignation, removal, failure to qualify, or 
otherwise, such vacancy shall be filled in the manner provided by 
law. 

Sec. 33. The judges of the Supreme, Appellate, and Circuit 
Courts, and of all other courts of record receiving a salary, shall, at 
stated times, receive such compensation for their services as is or 
may be prescribed by law; but it shall not be increased or dimin¬ 
ished during the period for which they were elected. 

Sec. 34. The General Assembly shall establish in every county 
a probate court, which shall be a court of record, and consist of one 


162 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


judge, who shall be elected. Said court shall have jurisdiction over 
all matters pertaining to probate business, to granting letters testa¬ 
mentary and of administration, the appointment of guardians and 
curators of minors, and persons of unsound mind, settling the ac¬ 
counts of executors, administrators, curators, and guardians, and 
the sale or leasing of lands by administrators, curators, and guard¬ 
ians; and also jurisdiction over all matters relating to apprentices: 
Provided , That until the General Assembly shall provide by law 
for a uniform system of probate courts, the jurisdiction of probate 
courts heretofore established shall remain as now provided by law. 

Sec. 85. Probate courts shall be uniform in their organization, 
jurisdiction, duties, and practice, except that a separate clerk may 
be provided for, or the judge may be required to act, ex-officio, as 
his own clerk. 

Sec. 86. In each county there shall be a county court, wTiich 
shall be a court of record, and shall have jurisdiction to transact all 
county and such other business as may be prescribed by law: The 
court shall consist of one or more judges, not exceeding three, of 
whom the probate judge may be one, as may be provided by law. 

Sec. 37. In each county there shall be appointed, or elected, as 
many justices of the peace as the public good may require, whose 
powers, duties, and duration in office shall be regulated by law. 

Sec. 38. All writs and process shall run, and all prosecutions 
shall be conducted, in the name of the “ State of Missouri ”; all 
writs shall be attested by the clerk of the court from which they 
shall be issued; and all indictments shall conclude “ against the 
peace and dignity of the State.” 

Sec. 39. The St. Louis Court of Appeals and Supreme Court 
shall appoint their own clerks. The clerks of all other courts of 
record shall be elective, for such terms and in such manner as may 
be directed by law : Provided , That the term of office of no existing 
clerk of any court of record, not abolished by this Constitution, 
shall be affected by such law. 

Seo. 40. In case there be a tie, or a contested election between 
candidates, for clerk of any court of record, the same shall be deter¬ 
mined in such manner as may be directed by law. 

Seo. 41. In case of the inability of any judge of a court of 
record to discharge the duties of his office with efficiency by reason 
of continued sickness, or physical or mental infirmity, it shall be 


CONSTITUTION. 


163 


in the power of the General Assembly, two thirds of the members 
of each House concurring, with the approval of the Governor, to 
remove such judge from office; but each House shall state, on its 
respective journal, the cause for which it shall wish his removal, and 
give him notice thereof, and he shall have the right to be heard in his 
defense, in such manner as the General Assembly shall by law direct.. 

Seo. 42. All courts now existing in this State, not named or 
provided for in this Constitution, shall continue until the expiration 
of the terms of office of the several judges; and as such terms ex¬ 
pire, the business of said courts shall vest in the court having juris¬ 
diction thereof in the counties where said courts now exist, and all 
the records and papers shall be transferred to the proper courts. 

Sec. 43. The Supreme Court of the State shall designate what 
opinions delivered by the Court, or the judges thereof, may be 
printed at the expense of the State; and the General Assembly 
shall make no provision for payment by the State for the publica¬ 
tion of any case decided by said court not so designated. 

Sec. 44. All judicial decisions in this State shall be free for pub¬ 
lication by any person. 

ARTICLE VII. 

IMPEACHMENTS. 

Section 1. The Governor, Lieutenant-Governor, Secretary of 
State, State Auditor, State Treasurer, Attorney-General, Superin¬ 
tendent of Public Schools, and Judges of the Supreme, Circuit, and 
Criminal Courts, and of the St. Louis Court of Appeals, shall be 
liable to impeachment for high crimes or misdemeanors, and for 
misconduct, habits of drunkenness, or oppression in office. 

Sec. 2. The House of Representatives shall have the sole power 
of impeachment. All impeachments shall be tried by the Senate, 
and when sitting for that purpose the Senators shall be sworn to do 
justice according to law and evidence. When the Governor of the 
State is on trial, the Chief-Justice of the Supreme Court shall pre¬ 
side. No person shall be convicted without the concurrence of 
two thirds of the Senators present. But judgment in such cases shall 
not extend any further than removal from office, and disqualification 
to hold any office of honor, trust, or profit under this State. The 
party, whether convicted or acquitted, shall, nevertheless, be liable 
to prosecution, trial, judgment, and punishment according to law. 


164 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


ARTICLE VIII. 

SUFFEAGE AND ELECTIONS. 

Section 1. The general election shall he held biennially on the 
Tuesday next following the first Monday in November. The first 
general election under this Constitution shall be held on that day, 
in the year one thousand eight hundred and seventy-six; but the 
General Assembly may, by law, fix a different day—two thirds of 
all the members of each House consenting thereto. 

Sec. 2. Every male citizen of the United States, and every male 
person of foreign birth, who may have declared his intention to be¬ 
come a citizen of the United States according to law, not less than 
one year nor more than five years before he offers to vote, who is 
over the age of twenty-one years, possessing the following qualifica¬ 
tions, shall be entitled to vote at all elections by the people: 

First. He shall have resided in the State one year immediately 
preceding the election at which he offers to vote. 

Second. He shall have resided in the county, city, or town where 
he shall offer to vote, at least sixty days immediately preceding the 
election. 

Sec. 3. All elections by the people shall be by ballot; every 
ballot voted shall be numbered in the order in which it shall be 
received, and the number recorded by the election officers on the 
list of voters, opposite the name of the voter who presents the bal¬ 
lot. The election officers shall be sworn or affirmed not to disclose 
how any voter shall have voted, unless required to do so as wit¬ 
nesses in a judicial proceeding: Provided , That in all cases of con¬ 
tested elections the ballots cast may be counted, compared with the 
list of voters, and examined under such safeguards and regulations 
as may be prescribed by law. 

Seo. 4. V oters shall in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attend¬ 
ance at elections, and in going to and returning therefrom. 

Sec. 5. The General Assembly shall provide by law for the reg¬ 
istration of all voters in cities and counties having a population of 
more than one hundred thousand inhabitants, and may provide for 
such registration in cities having a population exceeding twenty-five 
thousand inhabitants and not exceeding one hundred thousand, but 
not otherwise. 


CONSTITUTION. 


165 


Sec. 6. All elections, by persons in a representative capacity, 
shall be viva voce. 

Sec. 7 . For the purpose of voting, no person shall be deemed 
to have gained a residence by reason of his presence, or lost it by 
reason of his absence, while employed in the service, either civil or 
military, of this State, or of the United States; nor while engaged 
in the navigation of the waters of the State, or of the United States, 
or of the higli-seas, nor while a student of any institution of learn¬ 
ing, nor while kept in a poor-house, or other asylum at public ex¬ 
pense, nor while confined in public prison. 

Sec. 8. No person, while kept at any poor-house, or other asy¬ 
lum at public expense, nor while confined in any public prison, shall 
be entitled to vote at any election under the laws of this State. 

Sec. 9. The trial and determination of contested elections of all 
public officers, whether State, judicial, municipal, or local, except 
Governor and Lieutenant-Governor, shall be by the courts of law, 
or by one or more of the judges thereof. The General Assembly 
shall, by general law, designate the court or judge by whom the 
several classes of election contests shall be tried, and regulate the 
manner of trial and all matters incident thereto; but no such law, 
assigning jurisdiction or regulating its exercise, shall apply to any con¬ 
test arising out of any election held before said law shall take effect. 

Sec. 10. The General Assembly may enact laws excluding from 
the right of voting all persons convicted of felony or other infamous 
crime, or misdemeanors connected with the exercise of the right of 
suffrage. 

Sec. 11. No officer, soldier, or marine, in the regular army or 
navy of the United States, shall be entitled to vote at any election 
in this State. 

Sec. 12. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this State one year next 
preceding his election or appointment. 

ARTICLE IX. 

COUNTIES, CITIES, AND TOWNS. 

Section 1. The several counties of this State, as they now exist, 
are hereby recognized as legal subdivisions of the State. 

Sec. 2. The General Assembly shall have no power to remove 


166 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the county-seat of any county, but the removal of county-seats shall 
be provided for by general law ; and no county-seat shall be removed 
unless two thirds of the qualified voters of the county, voting on 
the proposition at a general election, vote therefor; and no such 
Imposition shall be submitted oftener than once in five years. All 
additions to a town, which is a county-seat, shall be included, con¬ 
sidered, and regarded as part of the county-seat. 

Sec. 3. The General Assembly shall have no power to establish 
any new county with a territory of less than four hundred and ten 
square miles; nor to reduce any county, now established, to a less 
area or less population than required for a ratio of representation 
existing at the time; but when a new county is formed, having a 
population less than a ratio of representation, it shall be attached for 
representative purposes to the county from which the greatest 
amount of territory is taken until such ratio shall be obtained. No 
county shall be divided or have any portion stricken therefrom, 
without submitting the question to a vote of the people of the 
county, nor unless a majority of all the qualified voters of the 
county or counties thus affected, voting on the question, shall vote 
therefor; nor shall any new county be established, any line of 
which shall run within ten miles of the then existing county-seat of 
any county. In all cases of the establishment of any new county, 
the new county shall be held for and obliged to pay its ratable pro¬ 
portion of all the liabilities then existing of the county or counties 
from which said new county shall be formed. 

Seo. 4. No part of the territory of any county shall be stricken 
off and added to an adjoining county, without submitting the ques¬ 
tion to the qualified voters of the counties immediately interested, 
nor unless a majority of all the qualified voters of the counties thus 
affected, voting on the question, shall vote therefor. When any 
part of a county is stricken off and attached to another county, the 
part stricken off shall be holden for, and obliged to pay, its propor¬ 
tion of all the liabilities then existing of the county from which it is 
taken. 

Seo. 5. When any new county, formed from contiguous terri¬ 
tory taken from older counties, or when any county, to which terri¬ 
tory shall be added taken from an adjoining county, shall fail to pay 
the proportion of indebtedness of such territory, to the county or 
counties from which it is taken, then it may be lawful for any 


CONSTITUTION. 


167 


county from which such territory has been taken, to levy and col¬ 
lect, by taxation, the due proportion of indebtedness of such terri¬ 
tory, in the same manner as if the territory had not been stricken 
off. 

Seo. 6. No county, township, city, or other municipality, shall 
hereafter become a subscriber to the capital stock of any railroad or 
other corporation or association, or make appropriation or donation, 
or loan its credit to, or in aid of, any such corporation or associ¬ 
ation, or to or in aid of any college or institution of learning, or 
other institution, whether created for or to be controlled by the 
State or others. All authority heretofore conferred^ for any of the 
purposes aforesaid by the General Assembly, or by the charter of 
any corporation, is hereby repealed : Provided , however , That noth¬ 
ing in this Constitution contained shall affect the right of any such 
municipality to make such subscription, where the same has been 
authorized under existing laws by a vote of the people of such mu¬ 
nicipality prior to its adoption, or to prevent the issue of renewal 
bonds or the use of such other means as are or may be prescribed 
by law, for the liquidation or payment of such subscription, or of 
any existing indebtedness. 

Seo. 7. The General Assembly shall provide, by general laws, 
for the organization and classification of cities and towns. The 
number of such classes shall not exceed four; and the power of 
each class shall be defined by general laws, so that all such munici¬ 
pal corporations of the same class shall possess the same powers 
and be subject to the same restrictions. The General Assembly 
shall also make provisions, by general law, whereby any city, town, 
or village, existing by virtue of any special or local law, may elect 
to become subject to, and be governed by, the general laws relating 
to such corporations. 

Seo. 8. The General Assembly may provide, by general law, for 
township organization, under which any county may organize 
whenever a majority of the legal voters of such county, voting at 
any general election, shall so determine ; and whenever any county 
shall adopt township organization, so much of this Constitution as 
provides for the management of county affairs, and the assessment 
and collection of the revenue by county officers, in conflict with 
such general law for township organization, may be dispensed with, 
and the business of said county, and the local concerns of the sev- 


168 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


eral townships therein, may be transacted in such manner as may 
he prescribed by law : Provided , That the justices of the county 
court in such case shall not exceed three in number. 

Sec. 9. In any county which shall have adopted “ township or¬ 
ganization,” the question of continuing the same may be submitted 
to a vote of the electors of such county at a general election, in the 
manner that shall be provided by law ; and if a majority of all the 
votes cast upon that question shall be against township organization, 
it shall cease in said county; and all laws in force in relation to 
counties not having township organization shall immediately take 
effect and be in force in such county. 

Sec. 10. There shall be elected by the qualified voters in each 
county, at the time and places of electing representatives, a sheriff 
and coroner. They shall serve for tw r o years, and until their suc¬ 
cessors be duly elected and qualified, unless sooner removed for 
malfeasance in office, and shall be eligible only four years in any 
period of six. Before entering on the duties of their office, they 
shall give securit} 1- in the amount and in such manner as shall be 
prescribed by law. Whenever a county shall be hereafter estab¬ 
lished, the Governor shall appoint a sheriff and a coroner therein, 
who shall continue in office until the next succeeding general elec¬ 
tion, and until their successors shall be duly elected and qualified. 

Sec. 11. Whenever a vacancy shall happen in the office of sheriff 
or coroner, the same shall be filled by the county court. If such 
vacancy happen in the office of sheriff more than nine months 
prior to the time of holding a general election, such county court 
shall immediately order a special election to fill the same, and the 
person by it appointed shall hold office until the person chosen at 
such election shall be duly qualified; otherwise, the person ap¬ 
pointed by such county court shall hold office until the person 
chosen at such general election shall be duly qualified. If any va¬ 
cancy happen in the office of coroner, the same shall be filled for 
the remainder of the terra by such county court. No person elected 
or appointed to fill a vacancy in either of said offices shall thereby 
be rendered ineligible for the next succeeding term. 

Sec. 12. The General Assembly shall, by a law uniform in its 
operation, provide for and regulate the fees of all county officers, 
and for this purpose may classify the counties by population. 

Sec. 13. The fees of no executive or ministerial officer of any 


CONSTITUTION. 


169 


county or municipality, exclusive of the salaries actually paid to his 
necessary deputies, shall exceed the sum of ten thousand dollars for 
any one year. Every such officer shall make return, quarterly, to 
the county court of all fees by him received, and of the salaries by 
him actually paid to his deputies or assistants, stating the same in 
detail, and verifying the same by his affidavit; and for any state¬ 
ment or omission in such return, contrary to truth, such officer shall 
be liable to the penalties of willful and corrupt perjury. 

Seo. 14. Except as otherwise directed by this Constitution, the 
General Assembly shall provide for the election or appointment of 
such other county, township, and municipal officers, as public con¬ 
venience may require; and their terms of office and duties shall be 
prescribed by law ; but no term of office shall exceed four years. 

Seo. 15. In all counties having a city therein containing over 
one hundred thousand inhabitants, the city and county government 
thereof may be consolidated in such manner as may be provided by 
law. 

Seo. 16 . Any city having a population of more than one hun¬ 
dred thousand inhabitants, may frame a charter for its own govern¬ 
ment, consistent with and subject to the Constitution and laws of 
this State, by causing a board of thirteen freeholders, who shall 
have been for at least five years qualified voters thereof, to be 
elected by the qualified voters of such city at any general or special 
election ; which board shall, within ninety days after such election, 
return to the chief magistrate of such city a draft of such charter, 
signed by the members of such board or a majority of them. 
Within thirty days thereafter such proposed charter shall be sub¬ 
mitted to the qualified voters of such city at a general or special 
election, and if four sevenths of such qualified voters, voting there¬ 
at, shall ratify the same, it shall, at the end of thirty days there¬ 
after, become the charter of such city and supersede any existing 
charter and amendments thereof. A duplicate certificate shall be 
made setting forth the charter proposed and its ratification, which 
shall be signed by the chief magistrate of such city and authenti¬ 
cated by its corporate seal. One of such certificates shall be de¬ 
posited in the office of the Secretary of State, and the other, after 
being recorded in the office of the recorder of deeds for the county 
in which such city lies, shall be deposited among the archives of 
such city, and all courts shall take judicial notice thereof. Such 
8 


170 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


charter so adopted may he amended by a proposal therefor, made 
by the law-making authorities of such city, published for at least 
thirty days in three newspapers of largest circulation in such city, 
one of which shall be a newspaper printed in the German language, 
and accepted by three fifths of the qualified voters of such city, 
voting at a general or special election, and not otherwise ; but such 
charter shall always be in harmony with and subject to the Consti¬ 
tution and laws of the State. 

Sec. 17. It shall be a feature of all such charters that they shall 
provide, among other things, for a mayor or chief magistrate, and 
two houses of legislation, one of which at least shall he elected by 
general ticket; and in submitting any such charter or amendment 
thereto to the qualified voters of such city, any alternative section 
or article may be presented for the choice of the voters, and may be 
voted on separately, and accepted or rejected separately, without 
prejudice to other articles or sections of the charter or any amend¬ 
ment thereto. 

Sec. 18. In cities or counties having more than two hundred 
thousand inhabitants, no person shall, at the same time, be a State 
officer and an officer of any county, city, or other municipality; and 
no person shall, at the same time, fill two municipal offices, either 
in the same or different municipalities; but this section shall notap- 
ply to notaries public, justices of the peace, or officers of the militia. 

Sec. 19. The corporate authorities of any county, city, or other 
municipal subdivision of this State, having more than two hundred 
thousand inhabitants, which has already exceeded the limit of 
indebtedness prescribed in section 12 of Article X of this Con¬ 
stitution, may, in anticipation of the customary annual revenue 
thereof, appropriate during any fiscal year, toward the general gov¬ 
ernmental expenses thereof, a sum not exceeding seven eighths of 
the entire revenue applicable to general governmental purposes (ex¬ 
clusive of the payment of the bonded debt of such county, city, or 
municipality) that was actually raised by taxation alone during the 
preceding fiscal year; but until such excess of indebtedness cease, 
no further bonded debt shall be incurred, except for the renewal 
of other bonds. 

ST. LOUIS. 

Seo. 20. The city of St. Louis may extend its limits so as to em¬ 
brace the parks now without its boundaries, and other convenient 


CONSTITUTION. 


171 


and contiguous territory, and frame a charter for the government 
of the city thus enlarged upon the following conditions, that is to 
say: The council of the city and county court of the county of St. 
Louis shall, at the request of the mayor of the city of St. Louis, 
meet in joint session and order an election, to be held as provided 
for general elections, by the qualified voters of the city and county, 
of a board of thirteen freeholders of such city or county, whose 
duty shall be to propose a scheme for the enlargement and definition 
. of the boundaries of the city, the reorganization of the government 
of the county, the adjustment of the relations between the city thus 
enlarged, and the residue of St. Louis County and the government 
of the city thus enlarged, by a charter in harmony with and subject 
to the Constitution and laws of Missouri, which shall, among other 
things, provide for a chief executive and two houses of legislation, 
one of which shall be elected by general ticket, which scheme and 
charter shall be signed in duplicate by said board or a majority of 
them, and one of them returned to the mayor of the city, and the 
other to the presiding justice of the county court, within ninety 
days after the election of such board. Within thirty days there¬ 
after the city council and county court shall submit such scheme to 
the qualified voters of the wTiole county, and such charter to the 
qualified voters of the city so enlarged, at an election to be held not 
less than twenty nor more than thirty days after the order there¬ 
for; and, if a majority of such qualified voters, voting at such elec¬ 
tion, shall ratify such scheme and charter, then such scheme shall 
become the organic law of the county and city, and such charter 
the organic law of the city, and at the end of sixty days thereafter 
shall take the place of and supersede the charter of St. Louis and 
all amendments thereof, and all special laws relating to St. Louis 
County inconsistent with such scheme. 

Sec. 21. A copy of such scheme and charter, with a certificate 
thereto appended, signed by the mayor and authenticated by the 
seal of the city, and also signed by the presiding justice of the 
county court, and authenticated by the seal of the county, setting 
forth the submission of such scheme and charter to the qualified 
voters of such county and city, and its ratification by them, shall be 
made in duplicate, one of which shall be deposited in the office of 
the Secretary of State, and the other, after being recorded in the 
office of the recorder of deeds of St. Louis County, shall be depos- 


172 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


ited among the archives of the city, and thereafter all courts shall 
take judicial notice thereof. 

Seo. 22. The charter so ratified may be amended at intervals of 
not less than two years, by proposals therefor, submitted by the 
law-making authorities of the city to the qualified voters thereof at 
a general or special election, held at least sixty days after the pub¬ 
lication of such proposals, and accepted by at least three fifths of 
the qualified voters voting thereat. 

Sec. 23. Such charter and amendments shall always be in har¬ 
mony with, and subject to, the Constitution and laws of Missouri, 
except only, that provision may be made for tbe graduation of the 
rate of taxation for city purposes in the portions of the city which 
are added thereto by the proposed enlargement of its boundaries. 
In the adjustment of the relations between city and county, the city 
shall take upon itself the entire park-tax; and, in consideration of 
the city becoming the proprietor of all the county buildings and 
property within its enlarged limits, it shall assume the whole of the 
existing county debt, and thereafter the city and county of St. Louis 
shall be independent of each other. The city shall be exempted 
from all county taxation. The judges of the county court shall be 
elected by the qualified voters outside of the city. The city, as en¬ 
larged, shall be entitled to the same representation in the General 
Assembly, collect the State revenue, and perform all other functions 
in relation to the State, in the same manner as if it were a county, 
as in this Constitution defined; and the residue of the county shall 
remain a legal county of the State of Missouri, under the name of 
the county of St. Louis. Until the next apportionment for Senators 
and Representatives in the General Assembly, the city shall have six 
Senators and fifteen Representatives, and the county one Senator and 
two Representatives, the same being the number of Senators and 
Representatives to which the county of St. Louis, as now organized, 
is entitled under sections 8 and 11 of Article IV of this Constitution. 

Seo. 24. The county and city of St. Louis, as now existing, shall 
continue to constitute the Eighth Judicial Circuit, and the juris¬ 
diction of all courts of record, except the county court, shall con¬ 
tinue until otherwise provided by law. 

Sec. 25. Notwithstanding the provisions of this article, the Gen¬ 
eral Assembly shall have the same power over the city and county 
of St. Louis that it has over other cities and counties of this State. 


CONSTITUTION. 


173 


ARTICLE X. 

REVENUE AND TAXATION. 

Section 1 . The taxing power may be exercised by the General 
Assembly for State purposes, and by counties and other municipal 
corporations, under authority granted to them by the General As¬ 
sembly, for county and other corporate purposes. 

Sec. 2. The power to tax corporations and corporate property 
shall not be surrendered or suspended by act of the General As¬ 
sembly. 

Sec. 3. Taxes may be levied and collected for public purposes 
only. They shall be uniform upon the same class of subjects within 
the territorial limits of the authority levying the tax, and all taxes 
shall be levied and collected by general laws. 

Sec. 4. All property subject to taxation shall be taxed in pro¬ 
portion to its value. 

Sec. 5. All railroad corporations in this State, or doing business 
therein, shall be subject to taxation for State, county, school, mu¬ 
nicipal, and other purposes, on the real and personal property owned 
or used by them, and on their gross earnings, their net earnings, 
their franchises, and their capital stock. 

Sec. G. The property, real and personal, of the State, counties, 
and other municipal corporations, and cemeteries, shall be exempt 
from taxation. Lots in incorporated cities or towns, or within one 
mile of the limits of any such city or town, to the extent of one 
acre, and lots one mile or more distant from such cities or towns to 
the extent of five acres, with the buildings thereon, may be exempted 
from taxation when the same are used exclusively for religious wor¬ 
ship, for schools, or for purposes purely charitable; also, such prop¬ 
erty, real or personal, as may be used exclusively for agricultural 
or horticultural societies: Provided , That such exemptions shall be 
only by general law. 

Sec. 7. All laws exempting properly from taxation, other than 
the property above enumerated, shall be void. 

Sec. 8. The State tax on property, exclusive of the tax necessary 
to pay the bonded debt of the State, shall not exceed twenty cents 
on the hundred dollars’ valuation ; and, whenever the taxable prop¬ 
erty of the State shall amount to nine hundred million dollars, the 
rate shall not exceed fifteen cents. 


174 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Seo. 9. No county, city, town, or other municipal corporation, 
nor the inhabitants thereof, nor the property therein, shall be re¬ 
leased or discharged from their or its proportionate share of taxes to 
be levied for State purposes, nor shall commutation for such taxes 
be authorized in any form whatsoever. 

Sec. 10. The General Assembly shall not impose taxes upon 
counties, cities, towns, or other municipal corporations, or upon the 
inhabitants or property thereof, for county, city, town, or other mu¬ 
nicipal purposes ; but may, by general laws, vest in the corporate 
authorities thereof the power to assess and collect taxes for such 
purposes. 

Sec. 11. Taxes for county, city, town, and school purposes may 
be levied on all subjects and objects of taxation; but the valuation 
of property therefor shall not exceed the valuation of the same 
property in such town, city, or school district for State and county 
purposes. For county purposes the annual rate on property, in 
counties having six million dollars or less, shall not, in the aggre¬ 
gate, exceed fifty cents on the hundred dollars’ valuation ; in coun¬ 
ties having six million dollars and under ten million dollars, said 
rate shall not exceed forty cents on the hundred dollars’ valuation; 
in counties having ten million dollars and under thirty million dol¬ 
lars, said rate shall not exceed fifty cents on the hundred dollars’ 
valuation; and in counties having thirty million dollars or more, 
said rate shall not exceed thirty-five cents on the hundred dollars’ 
valuation. For city and town purposes the annual rate on property 
in cities and towns having thirty thousand inhabitants or more, 
shall not, in the aggregate, exceed one hundred cents on the hun¬ 
dred dollars’ valuation ; in cities and towns having less than thirty 
thousand and over ten thousand inhabitants, said rate shall not ex¬ 
ceed sixty cents on the hundred dollars’ valuation; in cities and 
towns having less than ten thousand and more than one thousand 
inhabitants, said rate shall not exceed fifty cents on the hundred dol¬ 
lars’ valuation ; and in towns having one thousand inhabitants or less, 
said rate shall not exceed twenty-five cents on the hundred dollars 1 
valuation. For school purposes in districts, the annual rate on 
property shall not exceed forty cents on the hundred dollars’ valua¬ 
tion : Provided , The aforesaid annual rates for school purposes may 
be increased in districts formed of cities and towns, to an amount 
not to exceed one dollar on the hundred dollars’ valuation; and in 


CONSTITUTION. 


175 


other districts to an amount not to exceed sixty-five cents on the 
hundred dollars’ valuation, on the condition that a majority of the 
voters who are tax-payers, voting at an election held to decide the 
question, vote for said increase. For the purpose of erecting public 
buildings in counties, cities, or school districts, the rates of taxation 
herein limited may be increased when the rate of such increase and 
the purpose for which it is intended shall have been submitted to a 
vote of the people, and two thirds of the qualified voters of such 
county, city, or school district, voting at such election, shall vote 
therefor. The rate herein allowed to each county shall be ascer¬ 
tained by the amount of taxable property therein, according to 
the last assessment for State and county purposes, and the rate, 
allowed to each city or town by the number of inhabitants, accord¬ 
ing to the last census taken under the authority of the State, or of 
the United States; said restrictions, as to rates, shall apply to taxes 
of every kind and description, whether general or special, except 
taxes to pay valid indebtedness now existing, or bonds which may 
be issued in renewal of such indebtedness. 

Seo. 12. No county, city, town, township, school district, or other 
political corporation or subdivision of the State, shall be allowed to 
become indebted in any manner or for any purpose to an amount 
exceeding in any year the income and revenue provided for such 
year, without the assent of two thirds of the voters thereof voting 
at an election to be held for that purpose; nor in cases requiring 
such assent shall any indebtedness be allowed to be incurred to an 
amount including existing indebtedness, in the aggregate exceeding 
live per centum on the value of the taxable property therein, to be 
ascertained by the assessment next before the last assessment for 
State and county purposes, previous to the incurring of such in¬ 
debtedness : Provided, That with such assent any county may he 
allowed to become indebted to a larger amount for the erection of a 
court-house or jail: And provided further, That any county, city, 
town, township, school district, or other political corporation, or 
subdivision of the State, incurring any indebtedness, requiring the 
assent of the voters aforesaid, shall, before or at the time of doing 
so, provide for the collection of an annual tax sufficient to.pay the 
interest on such indebtedness as it falls due, and also to constitute a 
sinking fund for payment of the principal thereof, within twenty 
years from the time of contracting the same. 


176 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Seo. 13. Private property shall not be taken or sold for the pay¬ 
ment of the corporate debt of a municipal corporation. 

Seo. 14. The tax authorized by the sixth section of the ordinance 
adopted June 6, 1865, is hereby abolished, and hereafter there shall 
be levied and collected an annual tax sufficient to pay the accruing 
interest upon the bonded debt of the State, and to reduce the prin¬ 
cipal thereof each year by a sum not less than two hundred and fifty 
thousand dollars; the proceeds of which tax shall be paid into the 
State Treasury, and appropriated and paid out for the purposes ex¬ 
pressed in the first and second subdivisions of section 43 of Article 
IV of this Constitution. The funds and resources now in the State 
Interest and State Sinking Funds shall be appropriated to the same 
purposes; and whenever said bonded debt is extinguished, or a sum 
sufficient therefor has been raised, the tax provided for in this sec¬ 
tion shall cease to be assessed. 

Seo. 15. All moneys now, or at any time hereafter, in the State 
Treasury, belonging to the State, shall, immediately on receipt 
thereof, be deposited by the Treasurer to the credit of the State for 
the benefit of the funds to which they respectively belong in such 
bank or banks, as he may, from time to time, with the approval of 
the Governor and Attorney-General select, the said bank or banks 
giving security, satisfactory to the Governor and Attorney-General, 
for the safe keeping and payment of such deposits, when demanded 
by the State Treasurer on his checks—such bank to pay a bonus for 
the use of such deposits not less than the bonus paid by other banks 
for similar deposits; and the same, together with such interest and 
profits as may accrue thereon, shall be disbursed by said Treasurer 
for the purposes of the State, according to law, upon warrants drawn 
by the State Auditor, and not otherwise. 

Sec. 16. The Treasurer shall keep a separate account of the 
funds, and the number and amount of warrants received, and from 
whom ; and shall publish, in such manner as the Governor may des¬ 
ignate, quarterly statements, showing the amount of State moneys, 
and where the same are kept or deposited. 

Seo. 17. The making of profit out of State, county, city, town, or 
school-district money, or using the same for any purpose not author¬ 
ized by law, by any public officer, shall be deemed a felony, and 
shall be punished as provided by law. 

Seo. 18. There shall be a State Board of Equalization, consisting 


CONSTITUTION. 


177 


of the Governor, State Auditor, State Treasurer, Secretary of State, 
and Attorney-General. The duty of said hoard shall be to adjust 
and equalize the valution of real and personal property among the 
several counties in the State, and it shall perform such other duties 
as are or may be prescribed by law. 

Sec. 19. No moneys shall ever be paid out of the Treasury of this 
State, or any of the funds under its management, except in pursu¬ 
ance of an appropriation by law; nor unless such payment be made, 
or a warrant shall have issued therefor, within two years after the 
passage of such appropriation act; and every such law making a new 
appropriation, or continuing or reviving an appropriation, shall dis¬ 
tinctly specify the sum appropriated, and the object to which it is to 
be applied; and it shall not be sufficient to refer to any other law 
to fix such sum or object. A regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

Sec. 20. The moneys arising from any loan, debt, or liability, con¬ 
tracted by the State, or any county, city, town, or other municipal 
corporation, shall be applied to the purposes for which they were ob¬ 
tained, or to the repayment of such debt or liability, and not other¬ 
wise. 

Sec. 21. No corporation, company, or association, other than 
those formed for benevolent, religious, scientific, or educational pur¬ 
poses, shall be created or organized under the laws of this State, un¬ 
less the persons named as corporators shall, at or before the filing of 
the articles of association or incorporation, pay into the State Treasury 
fifty dollars, for the first fifty thousand dollars or less of capital stock, 
and a further sum of five dollars for every additional ten thousand 
dollars of its capital stock. And no such corporation, company, or 
association shall increase its capital stock without first paying into 
the treasury five dollars for every ten thousand dollars of increase: 
Provided , That nothing contained in this section shall be construed 
to prohibit the General Assembly from levying a further tax on the 
franchises of such corporation. 

ARTICLE XI. 

EDUCATION. 

Section 1. A general diffusion of knowledge and intelligence be¬ 
ing essential to the preservation of the rights and liberties of the 


178 


TEE CIVIL SYSTEM OF MISSOURI, 1881. 


people, the General Assembly shall establish and maintain free pub¬ 
lic schools for the gratuitous instruction of all persons in this State, 
between the ages of six and twenty years. 

Seo. 2. The income of all the funds provided by the State for the 
support of free public schools shall be paid annually to the several 
county treasurers, to be disbursed according to law; but no school 
district, in which a free public school has not been maintained at 
least three months during the year for which the distribution is 
made, shall be entitled to receive any portion of such funds. 

Seo. 3. Separate free public schools shall be established for the 
education of children of African descent. 

Seo. 4. The supervision of instruction in the public schools shall 
be vested in a “ Board of Education,” whose powers and duties shall 
be prescribed by law. The Superintendent of Public Schools shall 
be president of the board. The Governor, Secretary of State, and 
Attorney-General shall be ex-officio members, and, with the Superin¬ 
tendent, compose said Board of Education. 

Seo. 5. The General Assembly shall, whenever the Public School 
Fund will permit, and the actual necessity of the same may require, 
aid and maintain the State University now established with its pres¬ 
ent departments. The government of the State University shall be 
vested in a Board of Curators, to consist of nine members, to be ap¬ 
pointed by the Governor, by and with the advice and consent of the 
Senate. 

Seo. 6. The proceeds of all lands that have been, or hereafter 
may be, granted by the United States to this State, and not otherwise 
appropriated by this State or the United States; also, all moneys, 
stocks, bonds, lands, and other property now belonging to any State 
fund for purposes of education ; also, the net proceeds of all sales of 
lands and other property and effects that may accrue to the State 
by escheat, from unclaimed dividends and distributive shares of the 
estates of deceased persons \ also, any proceeds of the sales of the 
public lands which may have been or hereafter may be paid over 
to this State (if Congress will consent to such appropriation); also, 
all other grants, gifts, or devises that have been or hereafter may be 
made to this State, and not otherwise appropriated by the State or 
the terms of the grant, gift, or devise, shall be-paid into the State 
Treasury, and securely invested and sacredly preserved as a Public 
School Fund; the annual income of which fund, together with so 


CONSTITUTION". 


179 


much of the ordinary revenue of the State as may be by law set 
apart for that purpose, shall be faithfully appropriated for estab¬ 
lishing and maintaining the free public schools and the State Uni¬ 
versity in this article provided for, and for no other uses or purposes 
whatsoever. 

Seo. 7. In case the Public School Fund now provided and set 
apart by law for the support of free public schools shall be insuf- 
ticient to sustain a free school at least four months in every year in 
each school district in this State, the General Assembly may provide 
for such deficiency in accordance with section 11 of the article 
on Revenue and Taxation; but in no case shall there be set apart 
less than twenty-five per cent of the State revenue, exclusive of 
the Interest and Sinking Fund, to be applied annually to the support 
of the public schools. 

Sec. 8. All moneys, stocks, bonds, lands, and other property 
belonging to a county school fund; also, the net proceeds from the 
sale of estrays; also, the clear proceeds of all penalties and'for- 
feitures, and of all fines collected in the several counties for any 
breach of the penal or military laws of the State, and all moneys 
which shall be paid by persons as an equivalent for exemption from 
military duty, shall belong to and be securely invested, and sacredly 
preserved in the several counties as a county public school fund, 
the income of which fund shall be faithfully appropriated for estab¬ 
lishing and maintaining free public schools in the several counties of 
this State. 

Sec. 9. No part of the Public School Fund of the State shall 
ever be invested in the stock or bonds’ or other obligations, of any 
other State, or of any county, city, town, or corporation; and the 
proceeds of the sales of any lands or other property which now 
belong or may hereafter belong to said school fund, shall be invested 
in the bonds of the State of Missouri, or of the United States. 

Sec. 10. All county school funds shall be loaned only upon unen¬ 
cumbered real-estate security, of double the value of the loan, with 
personal security in addition thereto. 

Sec. 11. Neither the General Assembly, nor any county, city, 
town, township, school district, or other municipal corporation, shall 
ever make an appropriation, or pay from any public fund whatever, 
anything in aid of any religious creed, church, or sectarian purpose; 
or to help to support or sustain any private or public school, acad- 


180 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


emy, seminary, college, university, or other institution of learning, 
controlled by any religious creed, church, or sectarian denomination 
whatever; nor shall any grant or donation of personal property or 
real estate ever be made by the State, or any county, city, town, or 
other municipal corporation, for any religious creed, church, or sec¬ 
tarian purpose whatever. 

ARTICLE XII. 

CORPORATIONS. 

Section 1 . All existing charters, or grants of special or exclusive 
privileges, under which a bonajide organization shall not have taken 
place, and business been commenced in good faith, at the adoption 
of this Constitution, shall thereafter have no validity. 

Sec. 2. No corporation, after the adoption of this Constitution, 
shall be created by special laws; nor shall any existing charter be 
extended, changed, or amended by special laws, except those for 
charitable, penal, or reformatory purposes, which are under the pat¬ 
ronage and control of the State. 

Sec. 3. The General Assembly shall not remit the forfeiture of 
the charter of any corporation now existing, or alter or amend such 
forfeited charter, or pass any other general or special laws for the 
benefit of such corporations. 

Sec. 4. The exercise of the power and right of eminent domain 
shall never be so construed or abridged as to prevent the taking, by 
the General Assembly, of the property and franchises of incorpo¬ 
rated companies already organized, or that may be hereafter organ¬ 
ized, and subjecting them to the public use, the same as that of 
individuals. The right of trial by jury shall be held inviolate in all 
trials of claims for compensation, when in the exercise of said right 
of eminent domain any incorporated company shall be interested, 
either for or against the exercise of said right. 

Sec. 5. The exercise of the police'power of the State shall never 
be abridged, or so construed as to permit corporations to conduct 
their business in such manner as to infringe the equal rights of indi¬ 
viduals, or the general well-being of the State. 

Sec. G. In all elections for directors or managers of any incor¬ 
porated company, each shareholder shall have the right to cast as 
many votes in the aggregate as shall equal the number of shares so 
held by him or her in said company, multiplied by the number of 
directors or managers to be elected at such election ; and each share- 


CONSTITUTION. 


181 


holder may cast the whole number of votes, either in person or by 
proxy, for one candidate, or distribute such votes among two or 
more candidates; and such directors or managers shall not be elect¬ 
ed in any other manner. 

Seo. 7. No corporation shall engage in business, other than that 
expressly authorized in its charter, or the law under which it may 
have been or hereafter may be organized, nor shall it hold any real 
estate for any period longer than six years, except such as may be 
necessary and proper for carrying on its legitimate business. 

Sec. 8. No corporation shall issue stock or bonds, except for 
money paid, labor done, or property actually received, and all ficti¬ 
tious increase of stock or indebtedness shall be void. The stock 
and bonded indebtedness of corporations shall not be increased, 
except in pursuance of general law, nor without the consent of the 
persons holding the larger amount in value of the stock first obtained 
at a meeting called for the purpose, first giving sixty days 1 public 
notice, as may be provided by law. 

Seo. 9. Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stock¬ 
holder be individually liable in any amount over or above the amount 
of stock owned by him or her. 

Seo. 10. No corporation shall issue preferred stock without the 
consent of all the stockholders. 

Seo. 11. The term -‘corporation,” as used in this article, shall 
be construed to include all joint-stock companies or associations 
having any powers or privileges not possessed by individuals or 
partnerships. 

RAILROADS. 

Sec. 12. It shall not be lawful in this State for any railway com¬ 
pany to charge for freight or passengers a greater amount for the 
transportation of the same for a less distance than the amount 
charged for any greater distance; and suitable laws shall be 
passed by the General Assembly to enforce this provision; but ex¬ 
cursion and commutation tickets may be issued at special rates. 

Sec. 13. Any railroad corporation or association, organized for 
the purpose, shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State 
line with railroads of other States. Every railroad company shall 
have the right, with its road, to intersect, connect with, or cross any 


182 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


other railroad, and shall receive and transport each the other’s pas¬ 
sengers, tonnage, and cars, loaded or empty, without delay or dis¬ 
crimination. 

Seo. 14. Railways heretofore constructed or that may hereafter 
be constructed in this State are hereby declared public highways, 
and railroad companies common carriers. The General Assembly 
shall pass laws to correct abuses and prevent unjust discrimination 
and extortion in the rates of freight and passenger tariffs on the 
different railroads in this State; and shall, from time to time, pass 
laws establishing reasonable maximum rates of charges for the trans¬ 
portation of passengers and freight on said railroads, and enforce 
all such laws by adequate penalties. 

Seo. 15. Every railroad or other corporation, organized or doing 
business in this State under the laws or authority thereof, shall 
have and maintain a public office or place in this State for the trans¬ 
action of its business, where transfers of stock shall be made, and. 
where shall be kept, for public inspection, books in which shall be 
recorded the amount of capital stock subscribed, the names of the 
owners of the stock, the amounts owned by them respectively, the 
amount of stock paid, and by whom, the transfer of said stock, with 
the date of transfer, the amount of its assets and liabilities, and 
the names and places of residence of its officers. The directors of 
every railroad company shall hold one meeting annually in this 
State, public notice of which shall be given thirty days previously, 
and shall report annually, under oath, to the State Auditor, or some 
officer designated by law, all of their acts and doings, which report 
shall include such matters relating to railroads as may be prescribed 
by law. The General Assembly shall pass laws enforcing, by suit¬ 
able penalties, the provisions of this section. 

Sec. 16. The rolling-stock and all other movable property be¬ 
longing to any railroad company or corporation in this State shall 
be considered personal property, and shall be liable to execution 
and sale in the same manner as the personal property of individuals ; 
and the General Assembly shall pass no law exempting any such 
property from execution and sale. 

Seo. 17. Mo railroad or other corporation, or the lessees, pur¬ 
chasers, or managers of any railroad corporation, shall consolidate 
the stock, property, or franchises of such corporation, with, or lease, 
or purchase the works or franchise of, or in any way control any rail- 


CONSTITUTION. 


183 


road corporation owning or having under its control a parallel or 
competing line; nor shall any officer of such railroad corporation 
act as an officer of any other railroad corporation owning or having 
the control of a parallel or competing line. The question whether 
railroads are parallel or competing lines shall, when demanded, be 
decided by a jury, as in other civil issues. 

Seo. 18 . If any railroad company, organized under the laws of 
this State, shall consolidate, by sale or otherwise, with any railroad 
company organized under the laws of any other State, or of the 
United States, the same shall not thereby become a foreign corpo¬ 
ration ; but the courts of this State shall retain jurisdiction in all 
matters which may arise as if said consolidation had not taken place. 
In no case shall any consolidation take place, except upon public 
notice of at least sixty days to all stockholders, in such manner as 
may be provided by law. 

Seo. 19. The General Assembly shall pass no law for the benefit 
of a railroad or other corporations, or any individual or association 
of individuals, retrospective in its operation, or which imposes on 
the people of any county or municipal subdivision of the State, a 
new liability in respect to transactions or considerations already 
past. 

Sec. 20. 2STo law shall be passed by the General Assembly grant¬ 
ing the right to construct and operate a street railroad within any 
city, town, village, or on any public highway, without first acquiring 
the consent of the local authorities having control of the street or 
highway proposed to be occupied by such street railroad; and the 
franchises so granted shall not be transferred without similar assent 
first obtained. 

Sec. 21. No railroad corporation, in existence at the time of the 
adoption of this Constitution, shall have the benefit of any future 
legislation, except on condition of complete acceptance of all the pro¬ 
visions of this Constitution applicable to railroads. 

Sec. 22. No president, director, officer, agent, or employ^ of any 
railroad company, shall be interested, directly or indirectly, in fur¬ 
nishing material or supplies to such company, or in the business 
of transportation as a common carrier of freight or passengers over 
the works owned, leased, controlled, or worked by such company. 

Sec. 23. No discrimination in charges or facilities in transporta¬ 
tion shall be made between transportation companies and individuals, 


184 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


or in favor of either, by abatement, drawback, or otherwise; and no 
railroad company, or any lessee, manager, or employe thereof, shall 
make any preference in furnishing cars or motive-power. 

Seo. 24. No railroad or other transportation company shall 
grant free passes or tickets, or passes or tickets at a discount, to 
members of the General Assembly, or members of the Board of 
Equalization, or any State, or county, or municipal officers; and 
the acceptance of any such pass or ticket, by a member of the 
General Assembly, or any such officer, shall be a forfeiture of his 
office. 

BANKS. 

Sec. 25. No State bank shall hereafter be created, nor shall the 
State own or be liable for any stock in any corporation, or joint- 
stock company, or association for banking purposes, now created or 
hereafter to be created. 

Sec. 26. No act of the General Assembly authorizing or cre¬ 
ating corporations or associations with banking powers (except 
banks of deposit or discount), nor amendments thereto, shall go 
into effect, or in any manner be enforced, unless the same shall be 
submitted to a vote of the qualified voters of the State, at the gen¬ 
eral election next succeeding the passage of the same, and be ap¬ 
proved by a majority of the votes cast at such election. 

Sec. 27. It shall be a crime, the nature and punishment of which 
shall be prescribed by law, for any president, director, manager, 
cashier, or other officer of any banking institution, to assent to the 
reception of deposits, or the creation of debts by such banking 
institution, after he shall have had knowledge of the fact that it is 
insolvent, or in failing circumstances; and any such officer, agent, 
or manager, shall be individually responsible for such deposits so 
received, and all such debts so created with his assent. 

ARTICLE XIII. 

MILITIA. 

Section 1 . All able-bodied male inhabitants of this State be¬ 
tween the ages of eighteen and forty-five years, who are citizens of 
the United States, or have declared their intention to become such 
citizens, shall be liable to military duty in the militia of this State : 
Provided, That no person who is religiously scrupulous of bearing 
arms, can be compelled to do so, but may be compelled to pay an 


CONSTITUTION. 


185 


equivalent for military service, in such manner as shall be prescribed 
by law. 

Sec. 2. The General Assembly, in providing for the organiza¬ 
tion, equipment, and discipline of the militia, shall conform, as nearly 
as practicable, to the regulations for the government of the armies 
of the United States. 

Sec. 3. Each company and regiment shall elect its own company 
and regimental officers; but if any company or regiment shall neg¬ 
lect to elect such officers within the time prescribed by law, or by 
the order of the Governor, they may be appointed by the Gov¬ 
ernor. 

Sec. 4. Volunteer companies of infantry, cavalry, and artillery, 
may be formed in such manner and under such restrictions as may 
be provided by law. 

Sec. 5. The volunteer and militia forces shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at musters, parades, and elections, and in 
going to and returning from the same. 

Sec. 6. The Governor shall appoint the adjutant-general, quar¬ 
termaster-general, and his other staff officers. Tie shall also, with 
the advice and consent of the Senate, appoint all major-generals 
and brigadier-generals. 

Sec. 7. The General Assembly shall provide for the safe-keeping 
of the public arms, military records, banners, and relics of the State. 

ARTICLE XIV. 

MISCELLANEOUS PKOVISIONS. 

Section 1. The General Assembly of this State shall never inter¬ 
fere with the primary disposal of the soil by the United States, nor 
with any regulation which Congress may find necessary for securing 
the title in such soil to Iona fide purchasers. No tax shall be im¬ 
posed on lands the property of the United States; nor shall lands 
belonging to persons residing out of the limits of this State ever be 
taxed at a higher rate than the lands belonging to persons residing 
within the State. 

Sec. 2. No person shall be prosecuted in any civil action or 
criminal proceeding for or on account of any act by him done, per¬ 
formed, or executed between the first day of January, one thousand 
eight hundred and sixty-one, and the twentieth day of August, one 


186 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


thousand eight hundred and sixty-six, by virtue of military authority 
vested in him, or in pursuance of orders from any person vested 
with such authority by the Government of the United States, or of 
this State, or of the late Confederate States, or any of them, to do 
such act. And if any action or proceedings shall have beeD or shall 
hereafter be instituted against any person for the doing of any such 
act, the defendant may plead this section in bar thereof. 

Seo. 3. No person who shall hereafter fight a duel, or assist in 
the same as a second, or send, accept, or knowingly carry a chal¬ 
lenge therefor, or agree to go out of this State to fight a duel, shall 
hold any office in this State. 

Sec. 4. No person holding an office of profit under the United 
States shall, during his continuance in such office, hold any office of 
profit under this State. 

Sec. 5. In the absence of any contrary provision, all officers now 
or hereafter elected or appointed, subject to the right of resignation, 
shall hold office during their official terms, and until their successors 
shall be duly elected or appointed and qualified. 

Sec. 6. All officers, both civil and military, under the authority 
of this State, shall, before entering upon the duties of their re¬ 
spective offices, take and subscribe an oath, or affirmation, to sup¬ 
port the Constitution of the United States, and of this State, and to 
demean themselves faithfully in office. 

Sec. 7. The General Assembly shall, in addition to other penal¬ 
ties, provide for the removal from office of county, city, town, and 
township officers, on conviction of willful, corrupt, or fraudulent 
violation or neglect of official duty. 

Sec. 8. The compensation or fees of no State, county, or munici¬ 
pal officer shall be increased during his term of office; nor shall the 
term of any office be extended for a longer period than that for 
which such officer was elected or appointed. 

Sec. 9. The appointment of all officers, not otherwise directed 
by this Constitution, shall be made in such manner as may be pre¬ 
scribed by law. 

Sec. 10. The General Assembly shall have no power to authorize 
lotteries or gift enterprises for any purpose, and shall pass laws to 
prohibit the sale of lottery or gift-enterprise tickets, or tickets in 
any scheme in the nature of a lottery, in this State ; and all acts or 
parts of acts heretofore passed by the Legislature of this State, 


CONSTITUTION. 


187 

authorizing a lottery or lotteries, and all acts amendatory thereof, 
or supplemental thereto, are hereby avoided. 

Sec. 11. It shall he the duty of the grand jury in each county, 
at least once a year, to investigate the official acts of all officers 
having charge of public funds, and report the result of their inves¬ 
tigations in writing to the court. 

Sec. 12. Senators and Representatives shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest 
during the session of the General Assembly, and for fifteen days 
next before the commencement and after the termination of each 
session ; and for any speech or debate in either House they shall not 
be questioned in any other place. 

ARTICLE XV. 

MODE OF AMENDING TIIE CONSTITUTION - . 

Section 1 . This Constitution may be amended and revised only 
in pursuance of the provisions of this article. 

Sec. 2. The General Assembly may at any time propose such 
amendments to this Constitution as a majority of the members 
elected to each House shall deem expedient; and the vote thereon 
shall be taken by yeas and nays, and entered in full on the journals. 
The proposed amendments shall be published with the laws of that 
session, and also shall be published weekly in some newspaper, if 
such there be, within each county in the State, for four consecutive 
weeks next preceding the general election then next ensuing. The 
proposed amendments shall be submitted to a vote of the people, 
each amendment separately, at the next general election thereafter, 
in such manner as the General Assembly may provide. If a majority 
of the qualified voters of the State, voting for and against any one 
of said amendments, shall vote for such amendment, the same shall 
be deemed and taken to have been ratified by the people, and shall 
be valid and binding, to all intents and purposes, as a part of this 
Constitution. 

Sec. 3. The General Assembly may at any time authorize, by 
law, a vote of the people to be taken upon the question whether a 
convention shall be held for the purpose of revising and amending 
the Constitution of this State ; and if at such election a majority of 
the votes on the question be in favor of a convention, the Governor 
shall issue writs to the sheriffs of the different counties, ordering 


188 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the election of delegates to such a convention, on a day not less than 
three and within six months after that on which the said question 
shall have been voted on. At such election each senatorial district 
shall elect two delegates for each Senator to which it may then be 
entitled in the General Assembly, and every such delegate shall 
have the qualifications of a State Senator. The election shall be 
conducted in conformity with the laws regulating the election of 
Senators. The delegates so elected shall meet at such time and 
place as may be provided by law, and organize themselves into a 
convention, and proceed to revise and amend the Constitution; and 
the Constitution, when so revised and amended, shall, on a day to 
be therein fixed, not less than sixty days or more than six months 
after that on which it shall have been adopted by the convention, 
be submitted to a vote of the people, for and against it, at an elec¬ 
tion to be held for that purpose ; and if a majority of all the votes 
given be in favor of such Constitution, it shall, at the end of thirty 
days after such election, become the Constitution of this State. 
The result of such election shall be made known by proclamation by 
the Governor. The General Assembly shall have no power, other¬ 
wise than in this section specified, to authorize a convention for 
revising and amending the Constitution. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend¬ 
ments in the Constitution of this State, and to carry the same into 
complete effect, it is hereby ordained and declared : 

Section 1 . That all laws in force at the adoption of this Consti¬ 
tution, not inconsistent therewith, shall remain in full force until 
altered or repealed by the General Assembly ; and all rights, actions, 
prosecutions, claims, and contracts of the State, counties, individuals, 
or bodies corporate, not inconsistent therewith, shall continue to be 
as valid as if this Constitution had not been adopted. The provisions 
of all laws which are inconsistent with this Constitution shall cease 
upon its adoption, except that all laws which are inconsistent with 
such provisions of this Constitution as require legislation to enforce 
them, shall remain in force until the first day of July, one thousand 
eight hundred and seventy-seven, unless sooner amended or repealed 
by the General Assembly. 

Sec. 2. That all recognizances, obligations, and all other instru- 


CONSTITUTION. 


189 


ments, entered into or executed before the adoption of this Consti¬ 
tution, to this State or to any subdivision thereof, or any munici¬ 
pality therein ; and all fines, taxes, penalties, and forfeitures, due or 
owing to this State, or any such subdivision or municipality ; and all 
writs, prosecutions, actions, and causes of action, except as herein 
otherwise provided, shall continue and remain unaffected by the 
adoption of this Constitution. All indictments which shall have been 
found, or may hereafter be found, for any crime or offense commit¬ 
ted before this Constitution takes effect, may be proceeded upon as 
if no change had taken place, except as otherwise provided in this 
Constitution. 

Sec. 3. All county and probate courts, as now constituted and 
organized, shall continue with their jurisdiction, until the General 
Assembly shall by law conform them in their organization to the 
requirements of this Constitution. 

Sec. 4. All criminal courts organized and existing under the 
laws of this State, and not specially provided for in this Constitu¬ 
tion, shall continue to exist until otherwise provided by law. 

Sec. 5. All courts of common pleas existing and organized in 
cities and towns having a population exceeding three thousand five 
hundred inhabitants, and such as by the law of their creation are 
presided over by a judge of a circuit court, shall continue to exist 
and exercise their present jurisdiction, until otherwise provided by 
law. All other courts of common pleas shall cease to exist at the 
expiration of the present terms of office of the several judges 
thereof. 

Sec. 6. All persons now filling any office or appointment in this 
State shall continue in the exercise of the duties thereof, according 
to their respective commissions or appointments, unless otherwise 
provided by law. 

Sec. 7. Upon the adoption of this Constitution, all appeals to, 
and writs of error from, the Supreme Court, shall be returnable to 
the Supreme Court at the City of Jefferson. 

Sec. 8. Until the General Assembly shall make provision for the 
payment of the State and railroad indebtedness of this State, in 
pursuance of section 14 of Article X of this Constitution, there 
shall be levied and collected an annual tax of one fifth of one per 
centum on all real estate and other property and effects subject to 
taxation, the proceeds of which shall be applied to the payment of 


190 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


the interest on the bonded debt of this State as it matures, and the 
surplus, if any, shall be paid into the Sinking Fund, and thereafter 
applied to the payment of such indebtedness, and to no other pur¬ 
pose. 

Sec. 9. This Constitution shall be submitted to the people of this 
State for adoption or rejection, at an election to be held for that 
purpose only, on Saturday, the thirtieth day of October, one thou¬ 
sand eight hundred and seventy-five. Every person entitled to vote 
under the Constitution and laws of this State shall be entitled to vote 
for the adoption or rejection of this Constitution. Said election shall 
be held, and said qualified electors shall vote, at the usual places of 
voting in the several counties of this State ; and said election shall 
be conducted, and returns thereof made, according to the laws now 
in force regulating general elections. 

Seo. 10. The clerks of the several county courts in this State 
shall, at least five days before said election, cause to be delivered to 
the judges of election in each election district or precinct, in their 
respective counties, suitable blank poll-books, forms of return and 
five times the number of properly prepared printed ballots for said 
election, that there are voters in said respective districts, the expense 
whereof shall be allowed and paid by the several county courts, as 
other county expenditures are allowed and paid. 

Seo. 11. At said election the ballots shall be in the following 
form: 

NEW CONSTITUTION TICKET. 

(Erase the clause you do not favor.') 

New Constitution—l"es. 

New Constitution—No. 

Each of said tickets shall be counted as a vote for or against this 
Constitution, as the one clause or the other may be canceled with 
ink or pencil by the voter, and returns thereof shall be made accord¬ 
ingly. If both clauses of the ticket be erased, or if neither be erased, 
the ticket shall not be counted. 

Seo. 12. The returns of the whole vote cast, for the adoption and 
against the adoption of this Constitution, shall be made by the sev¬ 
eral clerks, as now provided by law in case of the election of State 
officers, to the Secretary of State, within twenty days after the elec¬ 
tion ; and the returns of said votes shall, within ten days thereafter, 


CONSTITUTION-. 


191 


be examined and canvassed by the State Auditor, State Treasurer, 
and Secretary of State, or any two of them, in the presence of the 
Governor, and proclamation shall be made by the Governor forth¬ 
with of the result of the canvass. 

Sec. 13. If, upon such canvass, it shall appear that a majority of 
the votes polled were in favor of the new Constitution, then this 
Constitution shall, on and after the thirtieth day of November, one 
thousand eight hundred and seventy-five, be the supreme law of the 
State of Missouri, and the present existing Constitution shall there¬ 
upon cease in all its provisions; but if it shall appear that a major¬ 
ity of the votes polled were against the new Constitution, then this 
Constitution shall be null and void, and the existing Constitution 
shall continue in force. 

Sec. 14. The provisions of this schedule, required to be executed 
prior to the adoption or rejection of this Constitution, shall take 
effect and be in force immediately. 

Sec. 15. The General Assembly shall pass all such laws as may be 
necessary to carry this Constitution into full effect. 

Sec. 16. The present Secretary of State, State Auditor, Attorney- 
General, and Superintendent of Public Schools, shall, during the 
remainder of their terms of office, unless otherwise directed by law, 
receive the same compensation and fees as is now provided by law; 
and the present State Treasurer shall, during the remainder of the 
term of his office, continue to be governed by existing law, in the 
custody and disposition of the State funds, unless otherwise directed 
by law. 

Sec. 17. Section 12 of the Bill of Rights shall not be so con¬ 
strued as to prevent arrests and preliminary examination in any 
criminal case. 

Done in Convention, at the Capitol, in the City of Jefferson, on 
the second day of August, in the year of our Lord one thousand 
eight hundred and seventy-five, and of the Independence of the 
United States the one hundredth. 

Waldo P. Johnson, President , St. Clair County. 

N. W. Watkins, Vice-President , Scott County. 

Washington Adams, of Cooper County. 

De Witt C. Allen, of Clay County. 

A. M. Alexander, of Monroe County. 


192 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Francis M. Black, of Jackson County. 

Henry Boone, of DeKalb County. 

George W. Bradfield, of Laclede County. 

James O. Broadhead, of St. Louis County. 

Henry C. Brockmeyer, of St. Louis County. 
George W. Carleton, of Pemiscott County. 
■William CnRisMAN, of Jackson County. 

Edmund V. Conway, of St. Francois County. 

Louis F. Cottey, of Knox County. 

T. W. B. Crews, of Franklin County. 

Samuel R. Crockett, of Vernon County. 

Lowndes Henry Dayis, of Cape Girardeau County, 
Leonidas J. Dryden, of Warren County. 

Benjamin Robert Dysart, of Macon County. 

John F. T. Edwards, of Iron County. 

James C. Edwards, of St. Louis County. 

Charles D. Eitzen, of Gasconade County. 

James L. Farris, of Ray County. 

Robert W. Fyan, of Webster County. 

Thomas Tasker Gantt, of St. Louis County. 

Louis ’Gottschalk, of St. Louis County. 

John B. Hale, of Carroll County. 

W. Halliburton, of Sullivan County. 

Charles Hammond, of Chariton County. 

Neil Cameron Hardin, of Pike County. 

J. A. .Holliday, of Caldwell County. 

JonN Hyer, of Dent County. 

Horace B. Johnson, of Cole County. 

T. J. Johnston, of Nodaway County. 

Henry Clay Lackland, of St. Charles County, 
William H. Letcher, of Saline County. 

Alfred M. Lay, of Cole County. 

Pinckney Mabrey, of Ripley County. 

B. F. Massey, of Newton County. 

James Harvey Maxey, of Howell County. 

Charles B. McAfee, of Greene County. 

Archibald V. McKee, of Lincoln County. 

Edward McCabe, of Marion County. 

Malcolm McKillop, of Atchison County. 


SYNOPSIS AND REVIEW. 


193 


Nicholas A. Mortell, of St. Louis County. 

IIenry Thomas Mudd, of St. Louis County. 

Edmond A. Nickerson, of Jolinson County. 

Elijah Hise Norton, of Platte County. 

Philip Pipkin, of Jefferson County. 

William Priest, of Platte County. 

Joseph Pulitzer, of St. Louis County. 

John Kay, of Barry County. 

J. H. Ryder, of Bollinger County. 

J. R. Rippey, of Schuyler County. 

James C. Roberts, of Buchanan County. 

J. P. Ross, of Morgan County. 

John W. Ross, of Polk County. 

John Fleming Rucker, of Boone County. 

Thomas Shackelford, of Howard County. 

John H. Shanklin, of Grundy County. 

George H. Shields, of St. Louis County. 

Henry J. Spaunhorst, of St. Louis County. 

William F. Switzler, of Boone County. 

John Id. Taylor, of Jasper County. 

Amos Riley Taylor, of St. Louis County. 

Albert Todd, of St. Louis County. 

L. J. Wagner, of Scotland County. 

Henry C. Wallace, of Lafayette County. 

Attest:- G. N. NOLAN, Secretary. 

J. Boyle x\dams, Assistant Secretary. 


CHAPTER IV. 

SYNOPSIS AND REVIEW. 

1. The State Constitution is divided into a preamble, fif¬ 
teen articles, a schedule, and an ordinance.* 

* The ordinance was a precautionary measure against the possible second 
payment of 1918 bonds of the Pacific Kailroad. It is a part of the Constitu¬ 
tion, but a very unusual feature of such an instrument, and its importance does 
not justify publication in a text-book. 

9 




194 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


2. The preamble is merely a formal introduction, indi¬ 
cating the purpose of the Constitution and the motives un¬ 
derlying it. 

3. Article I treats of State boundaries and jurisdiction. 

Two questions arise in the consideration of this article : 1. 
Since the boundaries of States are established by Congress, 
what necessity is there for defining them in the St-ate Con¬ 
stitution ? 2. Why are the boundary-lines not given ; but, 

instead, a mere reference to a law before established ? 

The answer to the first question is, that the act of Con¬ 
gress proposing to admit Missouri into the Union and estab¬ 
lishing her boundaries, required the people to accept and 
ratify these boundaries. The State having once ratified 
the boundaries fixed, and having been admitted into the 
Union, the omission of any allusion to them in a subse¬ 
quent Constitution could not affect or reopen this settled 
question. But since the matter is a part of the organic 
law, propriety certainly, and may be good faith, demands 
a retention of the assent of the State in each subsequent 
change of Constitution. 

The second question can not be answered so definitely. 
The reiteration of the State’s acceptance would seem to 
suggest a detailed description of the boundaries. It will 
be noticed that the act of Congress and Article I of the 
first State Constitution, “ Of Boundaries,” fix the western 
boundary on “ a meridian line passing through the middle 
of the mouth of the Kansas River,” where the same empties 
into the “ Missouri River.” If the course of either river 
should so change that the meridian line named would not 
pass through the middle of the mouth of the Kansas River, 
the original description would not be a correct statement of 
the boundary-line. This fact would justify the omission of 
the description in detail. Such is said to be the fact. 

4. The original western boundary of the State was a 
straight line throughout; but in 1836 Congress changed it 


SYNOPSIS AND REVIEW. 


195 


so as to include the Indian Territory, afterward divided into 
the counties of Platte, Buchanan, Andrew, Nodaway, Atchi¬ 
son, and Holt, and called the “ Platte Purchase ” (see map, 
page 268). 

5. The jurisdiction declared in Article I is a reiteration 
of that defined by the act of Congress. 

6. Article II, in its first sentence, declares the purpose 
of a “ Bill of Rights ” to be “ to assert our rights, acknowl¬ 
edge our duties, and proclaim the principles on which our 
government is founded.” 

7. There are certain rights which are variously styled as 
reserved , inalienable , and indefeasible. Other rights must 
be adjusted, limited, and controlled by legislation for the 
general good ; but the first are of such vital importance 
that they must be established by the supreme power of the 
government, and removed beyond the control of legislation. 
The people therefore define these rights in their organic 
law, and forbid any interference with them under any cir¬ 
cumstances or pretexts. 

8 . This class of rights is described in what it is the habit 
to designate a “ Bill of Rights.” It will be observed that 
the principles involved in Article II are those which are rec¬ 
ognized and proclaimed in the Constitution of the United 
States, in so far as they are applicable to the State govern¬ 
ment, and a few, not inconsistent with these, which are 
exclusively applicable to the State. Indeed, these rights 
are the foundation of republican and legitimate govern¬ 
ment, and to permit interference with them is to destroy 
the security of all others. 

9. The rights proclaimed are susceptible of division into 
two classes : First, those which appertain to the State, or 
collective personal rights—as we may style them—the per¬ 
sonal rights of the collective body ; for example, those 
mentioned in the first four sections of Article II. Second, 
the rights of each citizen, or individual personal rights. 


196 THE CIVIL SYSTEM OF MISSOURI, 1881. 

10. The second class is susceptible of division into, first, 
those which concern the individual exclusively, as, for in¬ 
stance, “ the right to life, liberty, and the enjoyment of the 
gains of one’s industry” (sec. 4) ; second, those whose ex¬ 
ercise affects one’s neighbor—social rights—as the taking of 
private property for private use, under a necessity (sec. 11). 
If the necessity exists, the right exists ; but the determina¬ 
tion of the necessity can not be left to the individual who 
would exercise the right, without the destruction of every 
guarantee of the first: hence, the existence of the necessity 
must be acknowledged by the person affected, or “ judicially 
determined.” 

11. The right of corporations to take private property, 
under certain circumstances, is sometimes considered to be 
a third class. But as that right exists, and may be exer¬ 
cised only for public use and general good, it properly be¬ 
longs to the first class. 

12 . The purpose and ultimate effect of every require¬ 
ment, limitation of power, or restriction, in a bill of rights, 
is the protection of those rights of each citizen which can 
not be jeopardized or sacrificed wdthout endangering the 
whole fabric of government, and subverting the purposes 
which justify the exercise of any power. 

13 . The powers of government are distributed and con¬ 
fined to three departments. No department can exercise 
any of the functions of either one of the other departments. 
No department can encroach upon nor exercise any control 
over another, except as expressly directed to do so by the 
Constitution. There can be no diminution nor increase in 
the number of departments, except by the people them¬ 
selves, by direct vote and not by representatives. 

14 . The departments are named, in the order in which they 
must necessarily come in the operations of government, the 
law-making department, the law-executing department, and 
the law-interpreting (or judging) department [Article III]. 


SYNOPSIS AND REVIEW. 


197 


15 . Article IV. The legislative department is “The 
General Assembly of the State of Missouri,” and is com¬ 
posed of two branches, the House of Representatives and 
the Senate [§ !]• 

16. Number of Members : 

Of the House, variable [§ 2]. 

Of the Senate, fixed, 34 [§ 5]. 

Tenure of Office : 

Of Representatives, two years [§ 2]. 

Of Senators, four years [§ 5]. 

17 . Qualifications : 

Of Representatives [§ 4] : 

1. Must be twenty-four years old. 

2. A male citizen of the United States. 

3. For two years a voter in Missouri. 

4. A resident of the county or district he represents, or 
of the county or district from which it was taken, one year 
preceding election. 

5. Must have paid a State and county tax within the 
year next preceding the election. 

Of Senators [§ 6] : 

1. Must be thirty years old. 

2. Same as for Representatives. 

3. For three years a voter in Missouri. 

4. Same as for Representatives. 

5. Same as for Representatives. 

18 . Compensation [§ 16 ] : 

Of members of both Houses : 

1. Per diem, to be fixed by law. 

2. Mileage, to be fixed by law. 

3. Thirty dollars ($30) at each regular session for sta¬ 
tionery, postage, and incidental expenses. 

This compensation is subject to the following restrictions: 

a. Per diem not to exceed five dollars for the first sev¬ 
enty days of a session, and one dollar for every day of the 


198 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


session thereafter, except for “ the first session held under 
this Constitution and during revising sessions ” ; then the 
pay is five dollars a day for one hundred and twenty days, 
and one dollar thereafter. 

b. Mileage not to exceed the rate fixed by law at the 
time of the adoption of the Constitution (a fixed sum for 
each county). 

c. No mileage for an extra session called one day after 
adjournment of a regular session. 

19. A regular session is one held every two years from 
the time of the first held under this Constitution, 1877 
[§ 20 ]. 

20. Times of Election : 

At every general election the whole number of Repre¬ 
sentatives and half the number of Senators are chosen. A 
general election is one held every two years, beginning in 
1876 [§ 10]. 

21. Classes of Senators [§ 10] : 

The Senate is divided into two classes : 

The first class, those representing districts bearing odd 
numbers. 

The second class, those representing districts bearing 
even numbers. 

The first are elective every four years, beginning in 
1876, and the second every four years, beginning in 1878. 

22. Apportionment [§§ 2, 7] : 

The number of Representatives varies only with each 
apportionment, which is made every ten years, in the 
following manner : The population of the State, as given 
by the last United States census, is divided by the num¬ 
ber 200. The quotient of such division is taken as 
a ratio. Each county having one ratio, or less, is en¬ 
titled to one Representative ; two and a half ratios give 
two Representatives ; four ratios, three Representatives ; 
six ratios, four Representatives, For each additional 


SYNOPSIS AND REVIEW. 


199 


member above four, two and a half additional ratios are 
required. 

23 . Senatorial Districts [§ 5} : 

The State is divided into thirty-four districts every ten 
years, containing, as nearly as may be, an equal number of 
inhabitants, and each district is entitled to one Senator. 
When the General Assembly fails or refuses to redistrict, 
the Governor, Secretary of State, and Attorney-General per¬ 
form this duty. 

24 . Alteration of Districts [§ 9] : 

Representative and senatorial districts may be altered 

from time to time, when public convenience may require 
it; but a new apportionment is required after each United 
States census. Counties forming senatorial districts must 
be contiguous. 

25 . Powers of each House : 

1. To elect its own officers [§ 17]. 

2. To judge of the election and qualification of its own 
members [§ m 

3. To punish persons, not members, for disorderly and 
contemptuous behavior in its presence, by fine of not more 
than three hundred dollars, or imprisonment for not more 
than ten days in a county jail, or both such fine and im¬ 
prisonment. 

4. To punish its own members for disorderly conduct 
(kind of punishment not prescribed). 

5. To expel its own members by vote of two thirds of 
all the members-elect [§ 17]. 

6. To adjourn from day to day, when less than a major¬ 
ity of all the members are present, and compel the attend¬ 
ance of absentees, under penalties, if it pleases [§ 18]. 

7. To adjourn at any time for a period of not more than 
two days [§ 23]. 

8. A majority of members-elect may transact business 


200 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


9. To originate bills [§ 26]. 

10. To amend or reject any bill originating in the other 
House [§ 26]. 

11. The House of Rejiresentatives to impeach [§ 2, Ar¬ 
ticle VII]. 

12. The Senate to try impeachments (Senators sworn to 
do justice according to law and evidence) [§ 2, Article VII]. 

13. To appoint committees to examine the institutions 
of the State, and pay their expenses, incurred in the per¬ 
formance of their duties (no expense allowed for exami¬ 
nation of institutions located at the capital) [Article IV, 
§ 16 ]. 

14. To sit with closed doors when it deems secrecy nec¬ 
essary [§ i»j. 

26. Requirements of the Legislature : 

1. The General Assembly must meet on the first 
Wednesday after the first of January once in every two 
years (beginning in 1877) [§ 20]. 

2. Each Senator and Representative must take and sub¬ 
scribe a prescribed oath, before entering upon his duties 

[§ 15]. 

3. Each House must transact the ordinary business of 
legislation with open doors (that is, either hall must be free 
of access to any citizen) [§ 19]. 

4. The style of all laws shall be, “ Be it enacted,” etc. 
(§ 27, Article IV); that is, all laws passed must commence 
with the prescribed formula. 

5. The process of legislation must be as follows [several 
sections, Article IV, £C Legislative Proceedings ”] : 

a. The introduction of a bill (in either House), the sub¬ 
ject of which is clearly expressed in its title. 

b. The bill must be referred to, and be reported upon, 
by a committee. 

c. It is subject to amendment. 

d. The bill and amendment (if amended) must be cor- 


SYNOPSIS AND REVIEW. 


201 


rectly engrossed and printed, under the supervision of an 
engrossing committee of the House in which it originated. 
(Engrossment is the writing out in full of the bill as ar¬ 
ranged or amended.) 

e . Before passage, it must have been read on three sepa¬ 
rate days. 

f A bill having been adopted by one House, is reported 
to the other, in which— 

cj. It is read, referred to a committee, reported back, 
read a second time, is subject to amendment, read a third 
time (each reading on a different day), acted on, and re¬ 
ported back to the House in which it originated as passed, 
passed with an amendment, or rejected. 

h. If returned with amendments, these are engrossed 
with the bill, printed, and voted on, by a yea and nay vote, 
each member’s vote being recorded upon the journal—a 
majority vote of all the members-elect being necessary to 
the adoption of such amendments. 

i. Having been passed by a majority of all the members- 
elect, on a yea and nay vote, by both Houses, the bill is en¬ 
rolled (written out), read at length, and signed by the pre¬ 
siding officer (if no member objects that a substitution, 
omission, or insertion has occurred so as to change the sub¬ 
stance and form of the bill *). 

j. It is then sent to the other House, read, and signed 
in the same way. 

Jc. It is delivered to the Governor. If he approves and 
signs the bill, he returns it within ten days, with a message 
announcing approval to the House in which it originates, and 
it is then a law, unless in violation of the Constitution. If 
he returns it without approval (vetoes it), it may be passed, 
“ the objections of the Governor thereto notwithstanding,” 
by a two-thirds vote of all the members-elect, in each 

* When the objection is made, the House sustains or refuses to sustain it by 
vote. If it does not sustain, the presiding officer signs the bill. 


202 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


House. If the Governor fails to act on a bill within ten 
days, while the Legislature is in session, that body may, by 
a joint resolution, require the Secretary of State to enroll it 
“ as an authentic act, in the archives of the State,” and it is 
then a law. 

27. 6. A bill may become a law in three ways : 

First. By passing both Houses and receiving the Gov¬ 
ernor’s approval [§ 38]. 

Second. Passing both Houses, being vetoed by the Gov¬ 
ernor, and passed over the veto by a two-thirds vote, in 
each House, of all the members-elect [§ 39]. 

Third. Passing both Houses, being held by the Gov¬ 
ernor more than ten days, by a joint resolution of instruc¬ 
tion to the Secretary of State [§ 40]. 

7. When a bill has been defeated, and a motion to recon¬ 
sider the vote has been made, the motion must be put, and 
the subject finally disposed of, without any intervening 
business [§ 35]. 

8. A two-thirds vote in each House is necessary to pass 
an “emergency clause” (a clause which provides that a law 
shall take effect immediately, instead of in ninety days 
after adjournment of the General Assembly, on account of 
an existing emergency') [§ 36]. 

9. In 1880, and every ten years thereafter, the Legis¬ 
lature is required to revise, digest, and promulgate all the 
statute laws [§ 41]. 

10. Each House shall publish its journal of proceedings, 
in which the yeas and nays and the names of absentees 
shall appear [§ 42]. 

11. All appropriations of money shall be made in a 
definite order [§ 43]. 

12. Article V. Immediately after organization, the two 
Houses shall meet in joint session to count the votes cast 
for the executive officers of the State, declaring the one 
elected who has the highest number of votes, and in case 


SYNOrSIS AND REVIEW. 


203 


of two baying an equal and the highest number of votes, to 
choose one of these [§ 3]. 

13. All joint and concurrent resolutions (resolutions re¬ 
quiring the concurrence of both Houses), except on ques¬ 
tions of adjournment, going into joint session, and amend¬ 
ing the Constitution, shall be submitted to the Governor for 
approval, as are bills [§ 14]. 

14. The Senate shall choose a president pro tempore, 

[§ m 

15. The two Houses, in joint session, shall decide contest¬ 
ed elections for Governor and Lieutenant-Governor [§ 25]. 

1G. Article VI. The State shall provide a suitable court¬ 
room at the capital for the Supreme Court, also furnished 
offices for the judges, a clerk’s office, and a room for the 
State Library [§ 10]. 

17. The General Assembly shall establish in every 
county a probate court, and a uniform system of organiza¬ 
tion therefor [§ 34]. 

18. Shall enact laws for the government of county 
courts and the regulation of the powers, duties, and tenure 
of office of justices of the peace [§§ 36, 37]. 

19. Article VIII. Shall provide for the registration of 
voters in cities of more than one hundred thousand inhab¬ 
itants [§ 5]. 

20. Shall by law regulate the trial of contested elec¬ 
tion cases [§ 9]. 

21. Article IX. Shall provide by law for the organiza¬ 
tion and classification of cities and towns [§ 7]. 

22. Shall provide for and regulate the fees of county 
officers [§ 12]. 

23. Shall provide for the election or appointment of all 
necessary county, township, or municipal officers, not pro¬ 
vided for in the Constitution [§ 14]. 

24. Article XI. Shall establish and maintain free public 
schools [§ !]• 


204 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


25. Shall establish separate free schools for children of 
African descent [§ 3], 

26. Shall aid and maintain the State University, when 
necessary, and the Public-School Fund will permit [§ 5]. 

27. Shall appropriate one fourth of the State revenue, 
exclusive of the Interest and Sinking Fund, for the support 
of the public schools [§ 7]. 

28. Article XII. Shall pass laws to regulate freight 
and passenger tariffs on railways in this State [§ 12]. 

29. Shall prescribe by law the nature and punishment 
of the crime of any bank officer who shall receive deposits 
or create debts for the bank, knowing it to be in a failing 
condition [§ 27]. 

30. Article XIII Shall conform any military law, .as 
nearly as practicable, to the military laws of the United 
States [§ 2], 

31. Shall provide for the safe-keeping of the public 
arms and State military records, banners, and relics [§ 7]. 

32. Article XIV. Shall provide for removal of coun¬ 
ty, city, town, and township officers on conviction of cor¬ 
rupt or fraudulent violation or neglect of official duty 

[§ n 

33. Shall provide for appointment of all officers not 
otherwise provided for by the Constitution [§ 9]. 

34. Shall pass laws to prohibit the sale of lottery and 
gift-enterprise tickets [§ 10]. 

35. Schedule. “ Shall pass all such laws as may be nec¬ 
essary to carry this Constitution into full effect” [§ 15]. 

28. Powers of the General Assembly : 

1. To use the State census as the basis of the apportion¬ 
ment of Senators and Representatives, every ten years, 
when the United States census can not be taken or is de¬ 
layed [Article IY, § 7]. 

2. To alter senatorial and representative districts to 
suit public convenience [§ 9]. 


SYNOPSIS AND REVIEW. 


205 


3. To adjourn for three days without interrupting the 
session [g 22]. 

4. To adjourn sine die at any time [§ 22, implied 
power]. 

5. Article VI. To change, enlarge, diminish, or abolish 
a judicial circuit for phblic convenience [§ 24]. 

G. To increase the number of judges in the Circuit 
Court of St. Louis [§ 27]. 

7. To provide for one or more additional judges in any 
circuit composed of one county, when the amount of busi¬ 
ness therein shall require [g 28], 

8. To make provision for holding court in any circuit in 
which there may be a vacancy, or in which the judge of 
the circuit can not preside [g 29]. 

9. To provide for filling vacancies in the office of judge 
of any court of record [g 32]. 

10. To fix the salary of judges of courts of record 

[§ 33 ]. 

11. To provide the manner of election of clerks of all 
courts of record, except of the Supreme Court and the St. 
Louis Court of Appeals [g 39]. 

12. To provide by law the manner of determining a tie- 
vote, or contested elections between candidates for clerks of 
these courts [g 40]. 

13. To remove from office by a t'wo-thirds vote of each 
House, and with the approval of the Governor, any judge 
of a court of record who is unable to discharge the duties 
of the office on account of continued sickness or physical 
or mental infirmity. 

14. Article VIII To change, by vote of two thirds of 
all the members of each House, the day fixed for the gen¬ 
eral election [§ !]• 

15. To prescribe regulations and provide safeguards for 
examining and counting ballots in all contested elections 


206 


TEE CIVIL SYSTEM OF MISSOURI, 1881. 


16. To provide for registration of voters in all cities 
having a population of over twenty-five thousand and not 
over one hundred thousand [§ 5]. 

17. To exclude, by law, persons convicted of felony or 
other infamous crime, or of a misdemeanor in the exer¬ 
cise of the right of suffrage, from the right of voting 
[§ 10 ]. 

18. Article IX. To make general provisions for town¬ 
ship organization [§ 8]. 

19. To regulate and control the organization of the city 
of St. Louis under its charter, and to exercise the same 
power over the city and county of St. Louis which may be 
exercised over other cities and counties [§§ 23, 25]. 

20. Article X. To fix the rate of taxation within con¬ 
stitutional limits, and to authorize counties and other mu¬ 
nicipal corporations to levy taxes for corporate purposes 
[§!]• 

21. To levy a tax on private corporations in addition to 
the license-tax fixed by the Constitution [§ 21]. 

22. Article XII. To take for public use the property of 
incorporated companies in the same way that the property 
of individuals is taken [§ 4]. 

23. Article XIII. To exact an equivalent for military 
service from those who are religiously scrupulous of bearing 
arms [§ 1]. 

24. To provide for the organization of volunteer com¬ 
panies of infantry, cavalry, and artillery [§ 4]. 

25. Article XIV. To propose amendments to the Con¬ 
stitution, and submit them to a vote of the people [§ 2], 

26. To authorize by law a vote of the people upon the 
question of holding a convention to revise and amend the 
Constitution [§ 3]. 

29 . Prohibitions upon Legislation : 

1. Article II. The Legislature shall not authorize nor 
adopt an amendment to the Constitution of the United 


SYNOPSIS AND REVIEW. 207 

States, which in anywise impairs the right of local self-gov¬ 
ernment by the people [§ 3]. 

2. Shall not pass a law impairing the freedom of speech 

[§ 14 ]. 

3. Shall not pass an ex post facto law. 

4. Nor law impairing the obligation of contracts. 

5. Nor retrospective in its action. 

6. Nor law making an irrevocable grant of special privi¬ 
leges or immunities [§ 15]. 

Note. —It might be stated, generally, that the Legislature evidently can 
not pass a law which would conflict with any guarantee of the Bill of Bights, 
as was intimated in sections 7 and 8. The rights reserved and guaranteed in 
sections 3, 14, and 15 of the Bill of Rights are stated in the form of a prohibi¬ 
tion, and are therefore so classed in this synopsis. 

7. Article IVI No county shall be divided in the forma¬ 
tion of a senatorial district, when such district is composed 
of more than one county [§ 9]. 

8. No bill shall contain more than one subject, except 
the general appropriation bill, and a bill submitting to a 
vote of the people an act providing for a loan of more than 
two hundred and fifty thousand dollars to meet a casual 
deficiency of the revenue, under an unforeseen emergency 
[§ 28]. 

9. No act shall be revived or re-enacted by a mere ref¬ 
erence to its title [§ 33]. 

10. No act shall be amended by providing that desig¬ 
nated words be stricken out, or that designated words be 
inserted, or that designated words be stricken out and 
others inserted in lieu thereof [§ 34]. 

11. No law, except the general appropriation act, shall 
go into effect until ninety days after adjournment, unless 
an emergency clause is passed with it [§ 36]. 

12. No bill shall become a law except by a fixed process 
[§ 37] (see section 5 of this synopsis). 

13. The Legislature can not dispose of the State’s reve- 


208 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


nue or moneys received by the State before it shall have 
been placed in the Treasury and drawn out by regular ap¬ 
propriations [§ 43]. 

14. No appropriation of money can be made for pur¬ 
poses not named in the Constitution, until sufficient sums 
for the purposes named have been appropriated [§ 43]. 

15. No appropriation for an item in the enumerated 
list, which is as follows—payment of interest on bonded 
debt becoming due within two years ; for the benefit of the 
sinking fund, not less than two hundred and fifty thousand 
dollars for a year ; maintenance of the public schools ; cost 
of assessing and collecting the revenue ; pay of the civil list 
(all officers paid out of the State Treasury) ; for the sup¬ 
port of the State eleemosynary institutions ; and, last,.the 
pay of the General Assembly—can be made until every 
preceding item has been provided for [§ 43]. 

16. The Legislature can not create, nor authorize the 
creation of, a debt or liability on behalf of the State, nor 
issue bonds or other evidences of indebtedness, except— 

1. In renewal of existing bonds which can not be paid 
at maturity. 

2. To supply a deficiency of revenue not exceeding two 
hundred and fifty thousand dollars, when the Governor so 
recommends—the amount borrowed to be paid or the bonds 
issued to be redeemed in two years or less time. 

3. For the same reasons, when the amount is more than 
two hundred and fifty thousand dollars, and after a two- 
thirds majority of the votes of the people ratify the act 
proposing the loan or the contraction of the liabijity. The 
act voted on must contain a provision for levying a suffi¬ 
cient tax to pay the interest and principal of the debt in 
not more than thirteen years from the date of its creation 
[§ 44 ]. 

1L The Legislature can never give or lend, or authorize 
the giving or lending, of the credit of the State [§ 45]. 


SYNOPSIS AND REVIEW. 


209 


18. No grant of public money or thing of value to in¬ 
dividuals, associations, or corporations can be made [§ 46]. 

19. No law shall authorize political corporations to lend 
their credit, or grant public money, to individuals, associa¬ 
tions, or corporations, or to become stockholders in such 
corporations, associations, or companies [§ 47]. 

20. No extra compensation, fee, or allowance can be 
granted by the State, or any political corporation, to any 
public officer, agent, servant, or contractor, after any ser¬ 
vice has been rendered or part of a contract performed. 
No payment of any claim under an agreement or contract 
not authorized by law can be made [§ 48]. 

21. No subscription of stock in any corporation or as¬ 
sociation on behalf of the State shall be made or authorized, 
except to secure loans already made to certain railroad 
corporations [§ 49]. 

22. No existing lien held by the State on any railroad 
shall be released or alienated by the General Assembly 
[§ 50 ]. 

23. No debt or obligation to the State or any municipal 
corporation shall be released or extinguished [§ 51]. 

24. The General Assembly shall never recognize any 
obligation under an “Act to audit and adjust the war debt 
of the State ” until after the government of the United 
States shall have paid to the State the claims arising under 
said act [§ 52]. 

25. The General Assembly shall never pass any local 
or special laws of certain kinds [§ 53, which see]. 

30 . The Legislature can by general law regulate and 
control all the matters which it is prohibited from control¬ 
ling or directing by special legislation. For instance, it 
can and does regulate the management of public schools— 
it can and does fix the rate of interest, etc.—by a general 
law ; but it is forbidden to manage any particular school, 
or to fix the rate of interest for any particular city or local- 


210 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


ity, or as between any particular class of borrowers and 
lenders. 

31. The reasons for controlling all matters which affect 
the interests and well-being of citizens, whether of a locality 
or of all parts of the State, by law, are apparent; but the 
propriety of leaving the details of this control—the man¬ 
agement of local issues—to the people of each locality, 
under such restrictions or laws as are applicable to all 
similar cases, is scarcely less apparent. 

32. It would be impossible for the Legislature to be¬ 
come so familiar with the internal or local affairs of coun¬ 
ties, cities, townshij^s, wards, or school districts, as to legis¬ 
late as intelligently in reference to them as the citizens 
thereof. Mistakes would be made, injustice and hardship 
would result, and the very purpose and safeguards of gov¬ 
ernment would be subverted to this extent. 

33. In many cases, such as granting divorces, it w T ould 
be necessary to consume much time in procuring testimony, 
and to incur a great expense to enable the Legislature to 
act justly, or form an opinion of what course would be 
just. Under no circumstances could it be so well informed 
as a court held where the applicant lived. Under no cir¬ 
cumstances would it act with more deliberation, prudence, 
and justice, than a court which it had authorized to act, 
under certain principles and rules of law ; but the time 
and money of all the people of the State would be con¬ 
sumed, to the neglect and detriment of common or uni¬ 
versal interests, while their representatives were consider¬ 
ing questions of no concern to them. 

34. The ideas underlying representative government 
are abhorrent to such a species of legislation, the principles 
of republicanism are violated thereby, and the legislative 
body is hampered and harassed. 

35. The thought occurs that if the General Assembly 
did not welcome such questions, it would seem to be un- 


SYNOPSIS AND REVIEW. 


211 


necessary to hedge it with prohibitions. But the fact is, a 
vicious habit had grown up of passing a very large number 
of local or special acts by each session of the Legislature. 
The evil was growing. Legislators would not or could not 
resist the importunities of their constituents so long as they 
had the power to act, and it became necessary to take away 
the power. 

Prohibitions upon Legislation ( continued ) : 

26. No special or local law of any kind shall be passed 
unless the people of the locality to be affected have been 
duly notified by publication of the substance of the con¬ 
templated law, at least thirty days before its introduction 
into the Legislature, and that body has the evidence of 
such notice [§ 54]. 

27. The General Assembly, in extra session, shall not 
consider any matters not designated by the Governor in 
the proclamation convening that body [§ 55]. 

28. The Legislature shall never remove the seat of 
government from the City of Jefferson. 

29. Article V. No law shall be repealed, extended, al¬ 
tered, or amended by resolution [§ 14]. 

30. Article VI. The salaries of judges of courts of rec¬ 
ord shall not be increased nor diminished during the time 
for which they were elected [§ 33]. 

31. The General Assembly shall make no provision for 
payment by the State for the publication of cases decided 
by the Supreme Court, unless that court directs that they 
be published [§ 43]. 

32. Article IX. No new county shall be established with 
less than four hundred and ten square miles of area ; nor 
shall any county be reduced to a less area, or to a population 
less than a ratio of representation ; nor shall a county be di¬ 
vided or have a portion of its territory stricken off without 
the consent of a majority of its voters. No new county lines 
shall run within ten miles of an existing county-seat [§ 3]. 


212 THE CIVIL SYSTEM OF MISSOURI, 1881. 

33. Article X. The power to tax corporations and cor¬ 
porate property shall not be surrendered nor suspended by 
the General Assembly [§ 2]. 

34. The General Assembly shall not tax political or 
municipal corporations for local purposes [§ 10]. 

35. Article XI. The General Assembly shall not ap¬ 
propriate public money, nor donate anything in aid 
of any religious creed, church, or sectarian purpose 

[§ hi 

36. Article XII. No corporations shall be created by 
special laws [§ 2]. 

37. No special law for the benefit of corporations shall 
be passed [§ 3]. 

38. The Legislature shall pass no law releasing, the 
movable property of railroad companies or corporations 
from liability to execution and sale [§ 16]. 

39. No law retrospective in its operation, or which im¬ 
poses a new liability upon a municipal subdivision of the 
State in respect to transactions already passed, shall be en¬ 
acted [§ 19]- 

40. No authorit} 7- to construct and operate street rail¬ 
roads in any city, town, or village, without the consent of 
the local authorities, shall be granted [§ 20]. 

41. No State bank shall be created, nor shall the State 
own any bank-stock [§ 25]. 

42. No act of the General Assembly shall create or 
authorize the creation of corporations or associations with 
banking powers (except banks of deposit and discount) 
until after it has received the sanction of the majority of 
the people at a general election next succeeding the passage 
of the act [§ 27]. 

43. Article A I\. The General Assembly shall never in¬ 
terfere with the primal disposal of the soil by the United 
States, nor with the regulations of Congress as to titles 
therein [§ 4 


SYNOPSIS AND REVIEW. 


213 


44. It shall lay no taxes on lands or property of the 
general government [§ 1], 

45. No higher rate of tax shall be imposed on the lands 
of non-residents than is levied upon lands of citizens of the 
State [§ 1], 

46. The compensatian or fees of State or municipal of¬ 
ficers shall not be increased during their terms of office, nor 
shall their terms of office be extended for longer periods 
than those for which they were elected or appointed 
[§ 8 ]. 

47. The Legislature shall pass no law authorizing lot¬ 
teries or gift enterprises [§ 10]. 

48. Article XV. The General Assembly shall not au¬ 
thorize a convention for amending the Constitution in any 
other way than that provided [§ 3]. 

49. Ordinance. The* General Assembly shall never ap¬ 
propriate any money nor provide for the payment of cer¬ 
tain already redeemed bonds. 

Article V. Executive Department : 

1. There are seven officers in the executive department. 
They are : 

The Governor, 

The Lieutenant-Governor, 

The Secretary of State, 

The State Auditor, 

The State Treasurer, 

The Attorney-General, and 

The Superintendent of Public Schools [§1]. 

2. They are elected— 

By the people, 

At a general election, 

For four years [§ 2]. 

3 . Their terms begin on the second Monday of January 
next after their election, and continue four years, “ and 
until their successors are elected and qualified ” [§ 2]. 


214 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


4 . All except the last above-named are elective every 
four years from the year 1876 [§ 2]. 

5 . The Superintendent of Public Schools is elective 
every four years from the year 1878 [§ 2]. 

6. The Governor and State Treasurer are ineligible to 
re-election as their own successors [§ 2]. 

7 . All, except the Lieutenant-Governor, are required to 
keep their offices at the seat of government, to reside there, 
to keep the public records, books, and papers there, per¬ 
form such duties as may be prescribed by law [§ 1], and give 
their personal attention to the business of their respective 
offices [Bill of Bights, § 18]. 

8. Qualifications : 

a . Of Governor and Lieutenant- Governor : 

Must be a male citizen, 

Thirty-five years old, 

Seven years a resident of the State, 

Ten years a citizen of the United States [§ 5]. 

b. Of either of the other officers: 

Must be a male citizen, 

Twenty-five years old, 

Five years a resident of Missouri [§ 19]. 

9. Powees : 

Of the Governor: 

The supreme executive power [§ 4], 

Is a conservator of the peace of the State [§ 6]. 

May call out the militia, to— 

a. Execute the laws. 

' b. Suppress insurrection. 

c. Repel invasion. 

May command in person when the militia is called out 

an- 


May grant reprieves, commutations, and pardons after 
convictions, except in cases of treason or impeachment 


SYNOPSIS AND REVIEW. 


215 


May convene the General Assembly, by proclamation, 
on extraordinary occasions [§ 9], 

May object to (veto) one or more items of an appropri¬ 
ation bill and approve others [§ 13]. 

May require a written report, under oath, from officers 
of the executive department and officers and managers of 
State institutions, in reference to their departments or trusts 
[§ 22 ]. 

May appoint company and regimental officers when such 
officers are not elected within the time prescribed by law 
[§ 3, Article XIII]. 

Of the Lieutenant- Governor: 

May debate all questions in Committee of the Whole. 

May exercise all executive functions of Governor while 
so acting [§ 15]. 

10 . Duties : 

Of Governor: 

To exercise a general supervision over the execution of 
the laws [§ 6], 

To report to each session of the General Assembly the 
reprieves, commutations, or pardons granted, and the rea¬ 
sons therefor [§ 8], 

To give information to the Legislature relative to the state 
of the government, and make recommendations [§§ 9, 10]. 

To account to the General Assembly for all moneys re¬ 
ceived and paid out by him, in his official capacity [§ 10]. 

To fill all official vacancies not otherwise provided for 
by law [§ 11]. 

To consider, and approve, or veto, all bills and joint 
resolutions passed by the General Assembly [§ 12]. 

To return these bills, or resolutions, to the House in 
which they originated within ten days. 

To deliver such bills or resolutions to the Secretary of 
State, with his approval or disapproval indorsed thereon, 
within thirty days after adjournment, if the General As- 


216 


THE CIVIL SYSTEM OF MISSOURI, 1SS1. 


sembly Las adjourned within ten days after they have been 
delivered to him [§ 12]. 

To pursue the same course with items of an appropria¬ 
tion bill which he has vetoed [§ 13]. 

To commission all officers not otherwise provided for by 
law [§ 23]. 

To appoint an adjutant-general, quartermaster-general, 
and other staff officers [§ 6, Article XIII]. 

To appoint Curators of the State University, by and 
with the advice and consent of the Senate [§ 5, Article XI]. 

To appoint major-generals and brigadier-generals, by 
and with the advice and consent of the Senate [§ 6, Article 
XIII]. 

Of Lieutenant- Governor : 

To preside over the Senate [§ 15]. 

To give the casting vote in the Senate [§ 15]. 

To give the casting vote in joint session of the two 
Houses [§ 15]. 

To discharge all the duties of Governor while acting in 
that capacity [§ 16]. 

Of Secretary of State : 

To keep the seal of the State [§ 20]. 

To authenticate all the official acts of the Governor 
therewith, except the approval of laws [§ 20]. 

To keep a register of all the official acts of the Governor 

[§ 81 ]. 

To lay before either House a copy of such official papers 
when required to do so [§ 21]. 

Of State Auditor : 

To issue warrants for the payment of the obligations of 
the State [§ 16, Article X]. 

Of State Treasurer : 

To select a bank as the depository of the State’s money 
[§ 15, Article X], 

To deposit all money of the State coming into his hands 


SYNOPSIS AND REVIEW. 217 

in the bank thus selected, if the Governor and Attorney- 
General have approved the selection [§ 15, Article X]. 

To keep separate accounts of all the various State funds 

[§ 16 ]. 

To keep accounts of all warrants received [§ 16]. 

To publish quarterly statements of the condition of the 
State funds [§ 16]. 

11 . The foregoing are all the duties of officers of the 
executive department which are expressly and formally 
stated in the Constitution. Each officer has duties, pre¬ 
scribed by statute. The Constitution outlines no duties 
for the Attorney-General and the Superintendent of Public 
Schools, except those implied in the nature of their offices 
and the authority of the Legislature to make laws, whose 
execution falls within the sphere of their official func¬ 
tions. 

12 . It is the duty of the State Board of Equalization to 
equalize the valuation of real and personal property among 
the several counties of the State [§ 18, Article X], and as 
a member of that board the Attorney-General has a con¬ 
stitutional duty to perform. The following-named officers 
comprise the— 

State Board of Equalization : 

Governor, 

State Auditor, 

State Treasurer, 

Secretary of State, 

Attorney-General. 

13 . A constitutional duty is also imposed upon the 
Attorney-General as a member of a board in which is 
vested the supervision of instruction in the public schools. 
It is called the— 

Board of Education : 

Composed of the Superintendent of Public Schools, 
President; 


10 


218 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Governor, Secretary of State, Attorney-General, ex- 
officio members [§ 4, Article XI]. 

14. Other ex-officio duties, imposed by statute, will be 
mentioned in the chapter on State officers, following the 
analysis of the Constitution. 

15. Compensation : 

Salary, fixed by law, which can not be increased nor 
diminished during their terms [§ 24, Article V]. 

16. Accountability : 

Impeachment, for— 

a. High crimes or misdemeanors. 

b. Misconduct. 

c. Habits of drunkenness. 

d. Oppression in office, and liability to punishment under 
legal process, whether acquitted or convicted [§§ 1,2, Article 
VII]. 

17 . Miscellaneous Provisions : 

1. Returns of election of executive officers shall be in¬ 
closed in sealed envelopes, directed to the Speaker of the 
House of Representatives, and transmitted to the Secretary 
of State. 

Note.— There is no Speaker of the newly elected House —which is the 
House meant—until the new Assembly convenes and the House organizes. 

a. They shall be opened by the Speaker in the presence 
of a majority of both Houses immediately after organiza¬ 
tion of the House, and the votes of each candidate be an¬ 
nounced. 

b. The person having the highest number of votes shall 
be declared elected. 

c. If two or more have an equal and the highest number 
of votes, the General Assembly, by joint vote, chooses one 
[§ 3, Article V]. 

2. The Governor need not command the militia, in 
active service, unless directed to do so by resolution of the 
General Assembly [§ 7]. 


SYNOPSIS AND REVIEW. 


219 


3. Succession: The Lieutenant-Governor, President pro 
tempore of the Senate, and Speaker of the House of Rep¬ 
resentatives, succeed in the order named, to the powers, 
duties, and emoluments of the office of Governor, in case 
of vacancy, caused by death, conviction or impeachment, 
resignation, absence from the State, or other disability 
of the Governor or acting Governor in succession [§§ 16, 
17]. 

4. The seal of the State shall be called the “ Great Seal 
of the State,” and it shall not be changed [§ 20]. 

5. The executive officers shall keep an account of all 
their official expenditures and disbursements, and report 
semi-annually to the Governor, under oath [§ 22]. 

6. All commissions shall run in the name and by the 
authority of the State of Missouri, be signed by the Gov¬ 
ernor, sealed with the great seal, and attested by the Secre¬ 
tary of State [§ 23]. 

7. A joint vote of both Houses shall determine contested 
elections of Governor and Lieutenant-Governor, and con¬ 
tested elections of all other executive officers shall be de¬ 
termined before such tribunal and in such manner as the 
General Assembly shall direct [§ 24]. 

Article VI Judicial Department : 

1. Is composed of — 

a. A Supreme Court. 

b. St. Louis Court of Appeals. 

c. Circuit Courts. 

d. Criminal Courts. 

e. Probate Courts. 

f. County Courts. 

g. Municipal Corporation Courts [§ 1]. 

2. Number of Judges : 

These courts consist of— 

a. Five judges [§ 5]. 

b. Three judges [§ 13]. 


220 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


c. One judge each [§ 24], except when a circuit is com¬ 
posed of only one county, and the General Assembly has 
provided for more than one [§ 28]. 

d. One judge [determined by statute]. 

e. One judge [§ 34]. 

f One judge, or not more than three [§ 36]. 

g. Number determined by statute. 

3. The Circuit Court of St. Louis County is composed 
of five judges, and the General Assembly may, from time 
to time, add others to the number [§ 27]. 

4. Qualifications of Judges : 

Of the Supreme Court: 

1. Citizens of the United States. 

2. Thirty years of age. 

3. Citizens of Missouri for five years before election or 
appointment. 

4. Must be learned in the law [§ 6]. 

Of the St. Louis Court of Appeals: 

1. Residence in the district over which the court has 
jurisdiction. 

2. The same qualifications as judges of the Supreme 
Court [§ 13]. 

Of Circuit Courts: 

1. Citizens of the United States for five years. 

2. Thirty years of age. 

3. Qualified voters of the State for three years. 

4. Residents of the circuits [§ 26]. 

Of other Courts: 

Fixed by statute. 

5. Tenure of Office : 

Of Supreme judges, ten years [§ 4]. 

Of judges of St. Louis Court of Appeals , twelve years 

[§ 13 ]- 

Of circuit judges , six years [§ 25]. 

Of other courts , fixed by statute. 


SYNOPSIS AND REVIEW. 


221 


6. Terms of Office begin : 

Supreme judges: 

1. Full terms, on the first day of January following elec¬ 
tion. 

2. When appointed, as soon as qualified. 

3. When elected to fill vacancy, on January first fol¬ 
lowing election [§ 7]. 

Judges of St. Louis Court of Appeals: 

1. Full terms on the first Monday of January follow¬ 
ing election [§ 16]. 

2. When appointed, as soon as qualified [§ 11, Article 
V, and Statutes, § 5,527]. 

3. When elected to fill vacancy, on first Monday of Jan¬ 
uary following election [Statutes, § 5,527]. 

Of other Courts: 

Fixed by statute. 

7. J URISDICTION OF COURTS : 

1. Extends over certain territory. 

2. Extends to certain questions at law. 

3. Is appellate, original, or concurrent. 

4. Extends over certain other courts. 

Of the Supreme Court: 

1. Is coextensive with the State [§ 2], 

2. Extends to all questions brought before it by appeal 
from the decisions of circuit courts, or the St. Louis Court 
of Appeals, or by writs of habeas corpus , mandamus , quo 
warranto , certiorari , and other remedied writs [§ 3]. 

3. Is appellate [§ 2]. 

4. Extends over all other courts [§ 3] ; but is restricted, 
in its power to issue writs of error to the St. Louis Court of 
Appeals, to the following cases [§ 12] : 

a. Those involving amounts of more than twenty-five 
hundred dollars, exclusive of costs. 

b. Involving a construction of the Constitution of the 
United States or the State of Missouri. 




222 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


c. Involving questions as to the validity of treaties or 
statutes, or the exercise of authority by the United 
States. 

d. Involving the construction of the revenue laws of 
the State. 

e. Involving the title to office in the State. 

f Involving cases in which a political division of the 
State, or a State officer, is a party. 

g. All cases of felony. 

Of the St. Louis Court of Appeals : 

1. Is co-extensive with the city of St. Louis and the 
counties of St. Louis, St. Charles, Lincoln, and Warren. 

2. Extends to questions of appeal from inferior courts 
within the territory named, and such as are brought before 
it by remedial writs issued to these courts. 

3. Is appellate. 

3. Extends over all other courts within its territory 

[§ 12 ]. 

Of Circuit Courts: 

1. Each over the county or counties composing its cir¬ 
cuit. 

2. Extends to all cases, criminal or civil, not otherwise 
provided for by statute. 

3. Is appellate, original, or concurrent, as provided by 
statute. 

4. Extends over all courts inferior to themselves within 
their own circuits [§ 22]. 

Of Criminal Courts: 

1. Territorial jurisdiction determined by statute [§ 31]. 

2. Extends to criminal cases. 

3. Is original. 

Of Probate Courts: 

1. Co-extensive with one county. 

2. Extends to probate matters [see § 34]. 

3. Is original. 


SYNOPSIS AND REVIEW. 


223 


Of County Courts: 

1. Extends over their own counties. 

2. Extends to all county business, and such other busi¬ 
ness as may be prescribed by law [§ 36]. 

3. Is original. 

Of Municipal Corporation Courts: 

Jurisdiction prescribed by statute. 

8 . Terms of Courts : 

Of the Supreme Court: 

Two terms annually, commencing on the third Tuesdays 
in April and October, unless otherwise provided by law 

[§ »]• 

Of the St. Louis Court of Appeals : 

Two terms annually, commencing the first Mondays of 
March and October [§ 14]. 

Of Circuit Courts: 

Two terms annually in each county of the circuit. 

Of other Courts: 

Determined by statute. 

9. Places of holding Courts : 

Supreme Court: 

At the seat of government [§ 9]. 

St. Louis Court of Appeals: 

In the city of St. Louis. 

Circuit Courts: 

Where required by statute [§ 22]. (They are held almost 
exclusively at the county-seats.) 

Criminal , Probate , and County Courts: • 

Determined by statute. (As a rule, at the county-seats.) 
Municipal Corporation Courts: 

As the name indicates, within the municipal corporation 
to which each belongs. 

10. Presiding Judge : 

Of the Supreme Court: 

1. The judge oldest in commission. 


224 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


2. The one chosen by the court from two or more hold¬ 
ing commissions of the same date [§ 4j. 

3. Is called the Chief-Justice. 

Of the /St. Louis Court of Appeals: 

1. The judge having the oldest license to practice law 
in the State. 

2. Is called the presiding judge [§ 16]. 

Of County Courts: 

1. Determined by statute (elected by the voters of the 
county at large). 

2. Is called the presiding judge. 

11. Quorum : 

Of the /Supreme Court —three judges. 

Of the St. Louis Court of Appeals —two judges. 

12. Compensation : 

Of judges of courts of record: 

1. Salary fixed by law. 

2. Payable at stated times. 

3. Can not be increased nor diminished during the period 
for which they were elected [§ 33]. 

13. Clerks of Courts of Record : 

Of the Supreme Court and of the St. Louis Court of 
Appeals are appointed by these courts. 

Of all others: 

Are elected by the people [§ 39], 

14. General Provisions : 

In case of an equal division in opinion of the judges of 
the Supreme Court or St. Louis Court of Appeals in any 
cause pending, the following course shall be pursued : 

1. A qualified person shall be chosen by the parties to 
the cause to act as a special judge therein. 

2. If the parties can not agree, the court shall appoint 
such judge. 

3. The special judge shall sit with the court to try the 
cause [§ in 


SYNOPSIS AND REVIEW. 


225 


15. Each county within the jurisdiction of the St. Louis 
Court of Appeals shall pay for salaries of judges of that 
court sums in proportion to their taxable property [g 13]. 

16. The opinions of the Court of Appeals shall be— 

a. Written ; 

b. Filed in the cases in which made ; 

c. And become parts of the record [g 15]. 

17. All laws relating to practice in the Supreme Court 
shall apply to the St. Louis Court of Appeals, so far as 
they may be applicable [g 15]. In a word, this court is 
intended to relieve the Supreme Court, and to take its place 
within the territory named, subject to an appeal to the 
higher tribunal. 

18. All cases coming to the St. Louis Court of Appeals 
by w T rit of error or appeal shall be triable at the expiration 
of fifteen days after the filing of the transcript [g 20]. 

19. Whenever a judicial circuit shall be abolished, the 
office of judge therein shall cease [g 24]. 

20. Each of the five judges of the St. Louis Circuit 
Court shall hold separate sessions of court for the trial of 
causes. All may sit in general term (together), to make 
rules of court and transact such business as may be pro¬ 
vided by law ; but such general term shall not review any 
order, decision, or proceeding of a special term [g 27]. 

Note.— In other words, the Circuit Court of St. Louis is, practically, equiv¬ 
alent to five distinct courts. 

21. All appeals or writs of error from the circuit courts, 
or courts having criminal jurisdiction, within the counties 
over which the Court of Appeals has jurisdiction, shall be 
to that court [g 27]. 

22. A judge of one circuit may hold a term of court, 
or a part .of term, in another circuit, at the request of the 
judge of that circuit, when there is a vacancy, or the judge 
of the circuit is unable to act [g 29]. 

23. Contested elections of, a tie vote for, and vacancies 


226 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


in office of circuit judges, shall be determined by statute 
[§§ 30, 32]. 

24. There shall be a uniform system of probate courts 
throughout the State, but the probate judge may act, ex- 
officio , as his own clerk, or have a separate clerk, as pro¬ 
vided for by statute [§ 35]. 

25. Each county shall have as many justices of the 
peace as the public good may require—determined by stat¬ 
ute [§ 37]. 

26. Writs and processes shall run in the name of the 
“ State of Missouri,” prosecutions shall be conducted in 
that name, and indictments shall conclude, “against the 
peace and dignity of the State ” [§ 38]. 

27. Tie-votes for, or contested elections between, can¬ 
didates for clerk of a court of record shall be determined 
in the manner provided for by law [§ 40]. 

28. The judges of the Supreme Court, St. Louis Court 
of Appeals, and circuit courts, shall be conservators of the 
peace throughout the territorial jurisdiction of their respect¬ 
ive courts [§§ 5, 14, 25]. 

EXPLANATION OF LEGAL TEEMS. 

Writs : legal instruments, in writing, directing or commanding 
something to be done. Writ of habeas corpus: a writ commanding 
that the person of one held in custody he brought before the tri¬ 
bunal issuing the writ; the purpose being a judicial inquiry into 
cause of arrest and detention. Mandamus: a writ commanding 
some specific act of obedience. Quo warranto : a writ command¬ 
ing that an officer or other person, or corporation, show by what 
warrant or authority an office or claim is held, or power exercised. 
Certiorari : a writ directing an inferior court to certify the rec¬ 
ord of a case tried therein to the superior court. Writ of er¬ 
ror : one bringing a cause for trial before a superior court, on 
the ground, or allegation, that an error has been committed in the 
final judgment of the inferior court. Remedial writs: those in¬ 
tended to correct, or remedy, a state of facts inconsistent with law 
or justice. The writs just defined are “ remedial.” There are a 


SYNOPSIS AND REVIEW. 


227 


number of different kinds of writs not so called. For instance, a 
writ of election, a writ of arrest, etc., are not remedial. 

Courts of record are named by the Constitution and statutes. 
They are the Supreme Court, the St. Louis Court of Appeals, the 
circuit, county, and probate courts. The name indicates courts 
in which records are kept; but all such courts are not, technically, 
nor within the meaning of the Constitution and statutes, “courts of 
record.” Courts of record have a clerk and a seal. 

A transcript is the copy of tbe record of a cause. 

An indictment is a written legal document, charging an offense, 
or violation of law. 

Impeachment is a charge against an official, formally made to a 
tribunal which has the power to try and punish for the offenses 
charged. The power to impeach is reserved to the House of Rep¬ 
resentatives. 

Article VII. Impeachment : 

1. Who liable to [§ 1] : 

1. All the officers of the executive department; 

2. All the judges of courts embraced in the judicial 
department, except judges of probate, county, and muni¬ 
cipal corporation courts. 

2. j For what offenses [§ 1] : 

1. High crimes. 

2. Misdemeanors. 

3. Misconduct. 

4. Habits of drunkenness. 

5. Oppression in office. 

3. How tried [§ 2] : 

By the Senate after the presentation of articles of 
impeachment by the House, and after each Senator has 
been “sworn to do justice according to law and evi- 
dence.” 

When the Governor is on trial, the Chief-Justice shall 
preside. 

NoxE.—The reason for this last provision is apparent in the relation sus¬ 
tained by the Lieutenant-Governor to the officer on trial. 


228 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


The affirmative vote of two thirds of the Senators pres¬ 
ent is necessary to conviction. 

4. Effect of conviction [§ 2] : 

1. Removal from office. 

2. Disqualification to hold any office of honor, trust, or 
profit under the State. 

Article VIII. Suffrage and Elections : 

Note.— Many of the provisions of this article have been considered under 
the heads “Powers of the General Assembly” and “Requirements of the 
Legislature,” in the analysis of the legislative department. 

1. Who are entitled to vote [§ 2] : 

In order to be entitled to vote, one must be— 

1. Twenty-one years old. 

2. A citizen of the United States ; or, 

3. If of foreign birth, must have declared his intention 
to become a citizen, in the manner prescribed by law, not 
less than one nor more than five years before offering to vote ; 

4. Must have resided in the State one year, and— 

5. In the county, city or towrn, where he would vote, for 
sixty days immediately preceding the election. 

2. Voters shall not be arrested during attendance at 
nor in going to and returning from elections, except in 
cases of— 

1. Treason. 

2* Felony. 

3. Breach of the peace [§ 4]. 

3. Residence not forfeited : 

The following persons shall not be deemed to have either 
gained or lost their residence, as voters, by absence from 
the State or place of usual residence : 

1. Those engaged in the service of the State, and absent 
in consequence thereof. 

2. Those absent because of their service to the United 
States. 

3. Those engaged in navigation. 


SYNOPSIS AND REVIEW. 


229 


4. Students of an institution of learning. 

5. Inmates of poor-houses or asylums supported at pub¬ 
lic expense. 

6. Those confined in prisons [§ 7]. 

Note. —But persons of either of the first four classes may elect to change 
their residence, and by voting while so absent forfeit former residence. 

4. Who may not vote: 

1. Inmates of public poor-houses or asylums, or prisons, 
while so kept or confined [§ 8]. 

2. Officers, soldiers, or marines of the regular army or 
navy of the United States [§ 11]. 

5. Elections: 

1. By the people, shall be by ballot [§ 3]. 

2. By persons in a representative capacity, shall be viva 
voce [§ 6]. 

6. Method of conducting Elections [§ 3] : 

1. Election officers (judges and clerks) are sworn not to 
disclose how any one has voted, unless required to do so as 
a witness in a judicial proceeding. 

2. The voter offers his ballot (written or printed). 

3. It is numbered by the officer receiving it. 

4. The same number is placed opposite the name of the 
voter on the list of voters. 

Note. —The purpose of numbering the ballot is to furnish evidence in case 
of contested elections. The list of voters is made by recording names as votes 
are offered, or by previous registration in cities where the law requires regis¬ 
tration. 

7. Who may not be elected [§ 12] : 

No one may be elected, or appointed, to any office, civil 
or military, unless he be— 

1. A citizen of the United States. 

2. A resident of this State for one year next preceding 
election or appointment. 

Article IX. Counties, Cities, and Towns : 

1. Some of the provisions of Article IX have been dis- 


230 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


cussed under appropriate heads. Others will he mentioned 
in subsequent chapters. Others still possess a local and 
special interest, and need not be studied with critical care. 
There is only one city in the State (St. Louis) having a 
population of more than one hundred thousand inhabitants ; 
hence, those parts of Article IX providing for the internal 
management of such a city do not possess that importance 
which demands of all citizens accurate and full knowledge. 
These features of this article are useful for reference rather 
than study. Only a few sections will be noticed. 

2. No county, township, city, or other municipality, 
shall make an appropriation for, donation to, nor indorse 
the obligations of, any public or private enterprise, institu¬ 
tion, or corporation [g 6]. 

Note. —Many counties had become involved in ruinous debt—in some cases 
so large that the interest could not be paid—by subscribing and issuing bonds 
to railroad corporations. The object of the foregoing provision was to with¬ 
draw the power of counties to become indebted, except for coimty purposes. 

3. The fees of county officers shall be regulated on the 
basis of population [§ 12]. The fees of no municipal officers 
shall exceed ten thousand dollars, exclusive of the salaries 
actually paid to necessary deputies [§ 13]. 

4. Provision shall be made by general statute for the 
organization and classification of cities and towns. The 
number of classes shall not exceed four . The powers of 
all cities of the same class shall be uniform [§ 7]. 

5. Any city having a population exceeding one hundred 
thousand inhabitants may frame a charter for its own gov¬ 
ernment, not inconsistent with the Constitution and Statutes 
of the State. . . . The charter maybe amended by a vote of 
three fifths of the qualified voters voting thereon ; but amend¬ 
ments must be consistent with the laws of the State [§ 16], 

6. The charter shall provide for a mayor, or chief 
magistrate, and two houses of legislation [§ 17] (in this 
feature closely resembling the State government). 


SYNOPSIS AND REVIEW. 


231 


7. A peculiar feature in the privileges granted such 
cities is, that alternative sections or articles may be sub¬ 
mitted to vote, and may be voted on separately without 
prejudice to any other sections or articles. 

This is true of either the original charter or amendments 
proposed thereto [§ 17]. 

8 . In cities or counties of more than one hundred thou¬ 
sand inhabitants no one can hold a State and municipal 
office at the same time, nor shall any one hold two mu¬ 
nicipal offices. Notaries public, justices of the peace, and 
militia officers, are not included in this restriction [§ 18]. 

Article X. Revenue and Taxation : 

1. Taxes shall be levied and collected — 

1. For public purposes only ; 

2. By general laws ; 

3. They shall be uniform [§ 3] ; 

4. And in proportion to the value of the property taxed 

[8 4]. 

2. Subjects of Taxation: 

1. Persons—citizens. 

2. Private corporations. 

3. Occupations. 

4. The profits of business. 

5. Franchises. 

6. Capital stock. 

7. Personal property. 

8. Real property [§ 7]. 

3. Purposes of Taxation: 

1. To support the State government. 

2. For county purposes. 

3. For the purposes of other municipal corporations 

[§ !]• 

4. Property exempt from Taxation: 

1. Of State, counties, or other public corporations. 

2. Cemeteries. 


232 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


3. Lots, with the buildings thereon, when used exclu¬ 
sively for— a , religious worship ; b , for schools ; c, purposes 
purely charitable. 

4. Property used exclusively for agricultural and horti¬ 
cultural societies [§ 6]. 

Note. —The exemptions under 3 and 4 must be by general law (or statute). 
The lots exempt are limited to one acre if in cities, or within one mile thereof; 
if more than one mile therefrom, to five acres. 

5. Valuation of Property for Taxation : 

For county, city, town, and school purposes must not 
exceed the valuation of the same property for State pur¬ 
poses [§ ii]. 

6. Pate of Taxation limited: 

1. State tax, for current expenses, twenty cents on the 
hundred dollars of valuation, till the taxable property shall 
amount to nine hundred million dollars ; after that, fifteen 
cents [§ 8]. For payment of the bonded debt of the State, 
twenty cents on the one hundred dollars [schedule, § 8]. 
Total, forty cents. 

2. For county, city, and town purposes, based on the 
total valuation of the taxable property therein, and limited 
thereby [§ 11]. 

3. For school purposes, forty cents on the hundred 
dollars ; but in cities or towns it may be increased by a 
vote to one dollar, and in country districts to sixty-five 
cents [§ 11]. 

7. Incorporation Tax : 

All private corporations, except those formed for be¬ 
nevolent, religious, scientific, or educational purposes, shall 
pay into the State Treasury fifty dollars for fifty thousand 
dollars, or less, of capital stock, and five dollars for each 
additional ten thousand above fifty [§ 21]. 

Article XI. Education : 

1. F)'ee schools are maintained— 

1. By the State. 


SYNOPSIS AND REVIEW. 


233 


2. For all residents between the ages of six and twenty- 
years [§ 1]. 

3. Those for children of African descent being separate 

[§»]. 

2. Object: 

Preservation of the rights and liberties of the people 

[§!]• 

3. Means: 

1. State school fund [§ 6], 

2. County school fund [§ 8]. 

3. State tax of five cents on the hundred dollars of 
taxable property [§ 7]. 

4. Legislative power to provide for local taxation [§ ?']. 

4. Disposition and Custody of Funds : 

State Fund —invested in bonds of United States, or 
State of Missouri [§ 9], the State Treasurer being the cus¬ 
todian [§ 6]. 

County funds are loaned at interest [§ 10], the county 
court being the custodian [implied by § 8, and so provided 
by statute]. 

5. Supervision of Public Instruction : 

Is vested in the State “Board of Education” [§ 4], 

6. Religious Co-operation forbidden : 

'No political authority in the State shall in any way aid 
or sustain any institution of learning controlled by any re- 
gious creed or organization [§ 11]. 

Article XII. Corporations : 

1. Article XII is, in the main, the application of the 
principles governing legislation with regard to individuals, 
to corporations in general, and to railroads and banks. 

Special legislation for their benefit, as for the citizen or 
public corporation, is prohibited. 

The authority of the State over private corporations is 
asserted to be co-extensive with its authority over individ¬ 
uals or municipal corporations where the same authority 


234 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


is applicable : as in taking their property, etc., for public 
uses, and the right of trial by jury of claims of individuals 
against these corporations, as jury-trials of claims between 
individuals are guaranteed [§ 4]—as, also, the exercise of 
the police power of the State to protect individual rights 
and secure the general welfare [§ 5]. 

2. Many provisions of the article, particularly those re¬ 
lating to legislation, have been discussed under the heads 
“Requirements of Legislation,” “Powers of the General 
Assembly,” and “ Prohibitions upon Legislation.” 

3. Other provisions relate solely to the conduct of these 
corporations, and the relations of officers and members 
(stockholders) to the corporations, and do not require a 
general analysis [e. g., §§ 18, 22]. 

4. Stockholders shall be held liable for the obligations 
of corporations to the amount of stock held by each, and no 
further [§ 9]. 

5. Preferred stock shall not be issued without the con¬ 
sent of all the stockholders [§ 10]. This is an illustration 
of the power of the State exercised to protect members of 
associations against an imposition, or wrong, on the part of 
the associations (see Chapter I, § 13). 

6. Transportation companies are forbidden to grant free 
passes or tickets, or passes or tickets at a discount, to any 
member of the General Assembly, or State, county, or mu¬ 
nicipal officer, and the acceptance of such pass or ticket 
shall be a forfeiture of office [§ 24]. 

Note.— An officer accepting a free pass or ticket not only forfeits his office, 
but is guilty of a violation of his oath to support and obey the Constitution of 
the State. 

Article XIII. Militia : 

1. The able-bodied male inhabitants of the State be¬ 
tween eighteen and forty-five years of age, except foreign¬ 
ers and those religiously scrupulous of bearing arms, are 
subject to military duty [§ 1]. 


SYNOPSIS AND REVIEW. 


235 


2. Each company or regiment may elect its own officers 

[§ 3]. 

3. The volunteer or militia forces of the State can not 
be arrested while in attendance on, or in going to and re¬ 
turning from, musters, parades, and elections, except in 
cases of treason, felony, or breach of the peace [§ 5J. 

All other features of Article XIII have been noticed 
under appropriate heads. 

Article X TV . Miscellaneous Provisions : 

1. All persons shall be exempt from prosecution on ac¬ 
count of any act done under orders of the military authori¬ 
ties of the United States, the State of Missouri, or the late 
Confederate States, between the 1st day of January, 1861, 
and the 20th day of August, 1865 [§ 2], 

2. Persons who may not hold Office : 

1. Those who fight a duel, or assist thereat as second. 

2. Those who send, accept, or knowingly carry a chal¬ 
lenge to fight. 

3. Those who agree to go out of the State to fight [§ 3]. 

4. Those holding an office of profit under the United 
States [§ 4]. 

5. Those who have not taken and subscribed an oath to 
support the Constitution of the United States and of the 
State of Missouri, and to demean themselves faithfully in 
office [§ 6]. 

3. Tenure of Office: 

The terms of all officers continue during the time for 
which they were elected or appointed, “ and until their 
successors shall be duly elected or appointed and qualified,” 
unless otherwise provided by law [§ 5]. 

4. Investigation of Official Acts: 

The grand jury of each county shall at least once each 
year investigate the official acts of all officers having charge 
of public funds, and report to the Circuit Court in writing 


236 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


5. Immunity of Senators and Representatives: 

During the sessions of the General Assembly, and for 

fifteen days next preceding the commencement of a session, 
and after its termination, Senators and Representatives are 
privileged from arrest, except in cases of treason, felony, or 
breach of the peace. 

For any speech in either House they shall not be ques¬ 
tioned in any other place [§ 12]. 

Note.—T he object of granting this immunity is, that legislation may not 
be trammeled or impeded, and that the public interests may be guarded. 

6. All other provisions of Article XIY have been dis¬ 
cussed elsewhere. 

Article XV Mode of Amending the Constitution : 

1. The Constitution may be amended in two ways : 

First Method : 

1. The General Assembly proposes an amendment, by a 
majority vote of all the members-elect in each House. 

2. The proposed amendment is published with the laws, 
and in some newspaper in each county for four consecutive 
weeks before the next * general election. 

3. It is submitted to a vote ; and if a majority of the 
votes cast be in favor thereof, the proposed amendment be¬ 
comes a part of the Constitution [§ 2]. 

If there are two or more proposed amendments, they are 
submitted separately [§ 2]. 

Second Method: 

1. The General Assembly submits to a vote of the peo¬ 
ple the question whether a convention shall be held to re¬ 
vise or amend the Constitution. 

2. If the vote be affirmative, the Governor issues writs 
to sheriffs, ordering the election of delegates on a given 
day within six months, and not earlier than three months. 

3. Each senatorial district elects two delegates for each 
Senator to which it may be entitled (a delegate must pos¬ 
sess the qualifications of a State Senator). 


SYNOPSIS AND REVIEW. 


237 

4. The delegates meet in convention and proceed to 
amend or revise. 

5. The Constitution, thus amended or revised, is sub¬ 
mitted to a vote of the people on a day fixed, not less than 
sixty days nor more than six months after its adoption by 
the convention. 

6. If the majority of the votes cast be affirmative, such 
amended or revised Constitution becomes the Constitution 
of the State at the end of thirty days after the election. 

7. The Governor declares the result of the election by 
proclamation [g 3]. 

[The present Constitution was adopted by the second 
method.] 

SCHEDULE. 

1. In changing the organic law, great confusion and 
hardships would result if no intervening period for prepa¬ 
ration for the change were permitted. To prevent such a 
state of facts is the object of a schedule. This object is 
expressed in the introductory clause of the schedule itself, 
as follows : “ That no inconvenience may arise from the 
alteration and amendments in the Constitution of this State, 
and to carry the same into complete effect, it is hereby or¬ 
dained and declared.” 

2. After a Constitution becomes effective, its schedule 
becomes inoperative, having subserved its purpose. 

3. Should any provision not consistent with the purpose 
of a schedule, as above defined, be placed therein, it would 
not thereby lose any of its force or effect. The schedule 
itself is voted on by the people, and whatever it contains, 
whether affecting a temporary emergency or necessity, or 
operative upon all future legislation, is a part of the su¬ 
preme law. 

4. Section 17 of the schedule is clearly not within the 
scope of the purpose of a schedule, as defined in the first 
clause of this division of the Constitution. It is operative 


238 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


until changed by an amendment to the Constitution. It 
seems to have been an after-thought, and properly belongs 
to Article XIY—“ Miscellaneous Provisions.” 

5. Any one charged with crime may be arrested and 
subjected to a “ preliminary examination,” in order to deter¬ 
mine whether there are sufficient reasons to hold him in 
custody to await trial, or to charge him, by a formal official 
writing (indictment), with crime ; but no one can be “ pro¬ 
ceeded against”—tried by a court—until indicted (except in 
the military and naval service). It was thought section 12 
of the Bill of Rights did not make this sufficiently plain, 
and section 17 of the schedule was added. 

Note.— A word inclosed in brackets, as the word the in section 17, signifies 
that it was omitted in the original manuscript, but evidently belongs to the 
text. 


CHAPTER Y. 

REVIEW QUESTIONS. 

CHAPTER I. 

1. What is the character of the State government ? (1.) 

2. With what is it in harmony ? (2.) 

3. When is its authority supreme ? (3.) 

4. What is “ the supreme law of the land ” ? (4.) 

5. Where do we find a definition of this phrase ? (4.) 

6. When are the statutes the correct embodiment of the authority of 
the State ? (5.) 

7. What are statutes usually called ? (6.) 

8. Can statutes affect the form of government ? (6.) Why ? 

9. How may the citizen know and discharge his political duty ? (7.) 

10. What is said of the relation of the private citizen to the Federal 

law ? (8.) 

11. What power is conferred upon Congress by section 8 cf Article I of 

the United States Constitution ? (8.) 



REVIEW QUESTIONS. 


239 


12. What illustration of the exercise of the power so granted is given ? 

( 8 .) 

13. Do many citizens come within the scope of this law ? (9.) 

14. How many are reached by the operation of State law ? (9.) 

15. What is the State government ? (10.) 

16. Upon whom does it operate ? (10.) 

17. Where do we find an expression of this authority ? (11.) 

18. Who exercises it ? (11.) 

19. How does one become an officer ? (11.) 

20. In how many, and in what ways, is the authority of the State exer¬ 
cised upon the private citizen ? (12.) 

21. Upon private corporations ? (13.) 

22. In what ways are the interests of private corporations protected by 

State law ? (13.) 

23. Can you name one or more private corporations ? 

24. How is State authority exercised upon political (municipal) corpora¬ 
tions ? (14.) 

25. How, upon public officers ? (15.) 

26. What is the common purpose of its exercise ? (16.) 

27. Why must the citizen study the organic law ? (17.) 

28. What must he next study? (17.) Why? 

29. In what way may an unconstitutional statute be resisted ? (18.) 

30. What is the citizen’s duty with reference thereto ? (18.) 

31. What do we learn of officers and official trusts by a knowledge of 
the statutes ? (19.) 

32. What does a knowledge of the Constitution and statutes enable the 
citizen to do with respect to himself, his neighbor, and'his government ? 
( 20 .) 

33. What effect would ignorance of the necessity of governmental exac¬ 
tions have upon the citizen ? (21.) 

34. When a spirit of discontent is general, what effect is produced upon 

the government ? (21.) 

35. What effect upon personal rights does a weakening of government 
have? (21.) 

36. Where do we begin the study of the State government? (22.) 

CHAPTER II. 

37. What is the difference between statute laws and constitutions with 
respect to changes? (1.) 

38. In what do changes of the organic law (or Constitution) originate, 
as a rule ? (2.) 



240 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


39. What would frequent changes in the Constitution indicate ? (3.) 

40. How many amendments to the national Constitution have been 

adopted ? (4.) 

41. How many of these have been adopted since the close of the recent 

civil war ? (4.) 

42. What is said of the others ? (4.) 

43. What circumstance has led to the discussion of the propriety of 
another amendment to the Constitution? (5.) 

44. What interesting fact is stated with reference to the amendments 

to the Federal Constitution ? (6.) 

45. What does this fact suggest ? (6.) 

46. What instrument resembles the United States Constitution in this 
respect ? (7.) 

47. How many constitutions has the State of Missouri had ? (8.) 

48. How long did the first Constitution remain the organic law? (8.) 
When was it adopted ? 

49. What led to a change of Constitution ? (8.) 

50. On what circumstances is this opinion based ? (9.) 

51. What information could future generations gather from reading 

the second Constitution of the State ? (9.) 

52. From what did the third Constitution result ? (10.) 

53. What reason is there for such a belief? (10.) 

54. To what cause may we reasonably attribute the fact that Missouri 

has had more than one constitution ? (11.) 

55. What is said of the system of local or special legislation which had 
grownup? (11.) 

66. How often did the Legislature convene before the adoption of the 
present Constitution? (12.) How often does it now meet? 

57. What is said of the volume of laws enacted at each session ? (12.) 

58. Can you give the illustration showing the frequency of changes in 

the statutory laws ? (13.) 

59. Are very frequent changes of the laws desirable? (14.) 

60. Would it be best to have as few changes in statutory as in organic 
law? (14.) 

61. What is the difference in the nature of a constitution and a stat¬ 
ute? (15.) 

62. With what does one deal and what does the other consider ? (15.) 

63. What does a constitution establish and protect ? (15.) 

64. With what does a statute deal ? (15.) 

65. What are both intended to be? (15.) 

66. Which of the two is more apt to fulfill this purpose ? (15.) 


REVIEW QUESTIONS. 


241 


67. What circumstances would render changes in the statutes desirable 
while it is better not to change the Constitution? (15.) 

68. Are there many or few amendments of the Constitution made ? (16.) 

69. How many amendments to the first Constitution were adopted ? (17.) 

70. What was the method of amending the Constitution of 1820? (17.) 

71. now many amendments to the Constitution of 1865 ? (18.) 

72. Which of these are mentioned as possessing special interest, and 
why? (18.) 

73. What increase of the State School Fund grew out of one of these 
amendments? (18.) 

74. What is said about amendments of the third Constitution? (19.) 

75. What was the purpose of the proposed amendment which was de¬ 
feated? (19.) 

76. What is the nature of the proposed amendment, to be voted on in 

1882? (19.) 

CHAPTER IY. 

77. What genei-al divisions are there in the present Constitution? (1.) 

78. Is the Ordinance a part of the Constitution? (Foot-note under 1.) 

79. What reason is assigned for the omission of this ordinance from the 

organic law, as published in this book ? (1.) 

80. What is the nature of this ordinance ? (1.) 

81. What isjhe nature of the preamble? (2.) 

82. Of what does Article I treat? (3.) 

83. What two questions are suggested ? (3.) 

84. What is the answer to the first? (3.) 

to 

85. Can the second be answered so definitely as the first ? (3.) 

86. State what is probably the reason for omitting a description of the 
boundaries of the State from the present Constitution. (3.) 

87. What is said of the original western boundary-line of the State ? (4.) 

88. When was it changed ? What Territory was added to the State by 

the change ? (4.) 

89. What is the jurisdiction of the State of Missouri? (See Constitu¬ 
tion, Article I.) 

90. What is the purpose of the “ Bill of Rights” ? (6.) 

91. What two general classes of rights are there? (7.) 

92. What terms are used to define the first of these classes ? (7.) 

93. Where else are the principles involved in Article II found ? (8.) 

94. What would be the result of permitting interference with reserved 

rights, by agents or representatives ? (8.) 

95. Into how many classes are the rights proclaimed in Article II of 
the Constitution susceptible of division? (9.) Name and define them. (9.) 

11 


242 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


96. How may “individual personal rights” be divided or classified? 

( 10 .) 

97. What are “ social rights”? (10.) 

98. How must the existence of the necessity which gives rise to social 

rights be determined ? (10.) Why ? 

99. What is sometimes considered to be a third general class of rights ? 

( 11 .) 

100. What is the objection to this view? (11.) 

101. What are the purpose and ultimate effect of the restrictions and 
limitations of a bill of rights? (12.) 

102. How many departments of government are created by the Con¬ 
stitution? (13.) 

103. What are the relations of these departments to each other ? (13.) 

104. Can there be any change in the number or relations of these de¬ 
partments by the Legislature ? (13.) 

106. In what order are the departments named? (14.) 

Legislative Department. 

Note. —The references following the subjoined questions are to the section 
numbers of this book—the numbers in the left-hand margin—as heretofore, 
and not to the section references to the right in Chapter IV. These references 
in Chapter IV arc to the State Constitution (Chapter III), while the questions 
are on the “ synopsis and review.” 

106. What is the legislative department called ? (16.) 

107. Of what is it composed ? (16.) 

108. How many members in each branch ? (16.) 

109. What is the tenure of office of each? (16.) 

110. What are the qualifications of a Representative? Of a Senator? 
(17.) 

111. In what does the compensation of legislators consist? (18.) 

112. What restrictions are placed upon this compensation? (18.) 

113. What is meant by the expression “a regular session”? (19.) 

114. What is a “general election ” ? (20.) 

115. What legislators are elected at such elections? (20.) 

116. Into how many classes is the Senate divided ? (21.) 

117. When is each class elective? (21.) 

118. How often is the apportionment of Representatives made, and on 
what basis? (22.) 

119. Give the rule of apportionment. (22.) 

120. How many senatorial districts in the State? (23.) 

121. How many Senators to each district ? (23.) 


REVIEW QUESTIONS. 


243 


122. How often may districts be changed ? (24.) 

123. How many powers of each House are enumerated ? (25.) 

124. Give as many of them as you can. 

125. What power may each House exercise over its own members 9 
(25, 4, 5.) 

126. Over others? (25,3.) 

127. What power has each as to adjournment ? (25, 6, 7.) 

128. As to bills? (25, 9, 10.) 

129. As to impeachments ? (25, 11, 12.) 

130. As to secret sessions ? (25, 14.) 

Requirements of the Legislature. 

131. now many requirements are enumerated in the analysis ? (26.) 

132. Name the first three. (26.) 

133. With what formula must all laws commence ? (26, 4.) 

134. Give the process of legislation. (26, 5.) 

135. What is meant by engrossment ? (26, d.) By enrollment ? (26, i.) 

136. In how many ways may a bill become a law ? (27.) Give them. 

137. What is required on a motion to reconsider a negative vote on a 
bill ? (27, 7.) 

138. What is meant by “ emergency clause,” and what vote is necessary 

to carry it ? (27, 8.) 

139. How often must the laws be revised ? (27, 9.) 

140. What shall appear in the journals ? (27, 10.) 

141. When do the two Houses meet to count the votes for executive 
officers ? (27, 12.) 

142. What joint and concurrent resolutions do not require the Gov¬ 
ernor’s approval ? (27,13.) 

143. What contested elections are decided by the two Houses? (27, 

15.) 

144. What requirements in reference to probate and county courts ? 
(27, 17, 18.) 

145. For what cities must a system of registering voters be provided ? 
(27, 19.) 

146. What requirement as to the fees of county officers? (27, 22.) 

147. What requirement as to public schools ? (27, 24-27.) 

148. For what crime shall punishment of a bank officer be provided ? 
(27, 29.) 

149. To what shall State military laws be conformed ? (27, 30.) 

150. For what offenses shall removal of municipal officers be pro¬ 
vided ? 


244 


THE CIYIL SYSTEM OF MISSOURI, 1881.' 


Powers of the General Assembly. 

151. How many powers are enumerated ? (28.) 

152. When may the State census be used as the basis of legislative 

apportionment ? (28, 1.) 

153. What powers as to adjournment ? (28, 3, 4.) 

154. As to judicial circuits and judges? (28, 5-8.) 

155. As to judges and clerks of courts of record ? (28, 9-13.) 

156. What exception as to clerks ? (28, 11.) 

157. What powers are conferred upon the General Assembly as to 
elections and suffrage? (28, 14-17.) 

158. As to taxation? (28, 20, 21.) 

159. As to the property of incorporated companies? (28, 22.) 

160. As to amendments to the Constitution ? (28, 25, 26.) 

Prohibitions upon Legislation. 

161. How many prohibitions are enumerated ? (29.) 

162. What kind of amendments to the United States Constitution shall 

the Legislature never assent to ? (29, 1.) 

163. What kind of laws shall the Legislature not pass ? (29, 2-6.) 

164. When shall a county not be divided in the formation of a sena¬ 
torial district ? (29, 7.) 

165. What prohibition is there in reference to revising, re-enacting, or 
amending a law? (29, 9, 10.) 

166. How long before a law can become operative? (29, 11.) What 
is the exception ? 

167. What are the prohibitions in reference to appropriations ? (29, 

13-15.) 

168. What is the order of appropriations? (29, 15.) 

169. In what cases may the Legislature authorize the issuance of bonds 
of the State? (29, 16.) 

170. What prohibition in reference to the credit of the State 9 (29 
17.) 

171. What are the various provisions in reference to the granting of 
public money or thing of value, the loaning of credit, extra compensation 
to officers or servants, subscriptions of stock to corporations, the releasing 
of liens on railroads, and the releasing of debts to the State or municipal 
corporations? (29, 18-23.) 

172. What is said about local or special laws ? (29, 25.) (Read § 53, 

Article IV, Constitution.) 

173. Can the Legislature regulate by general laws what it is prohibited 
from regulating by special laws? (30.) Illustrate. 


REVIEW QUESTIONS. 


245 


174. Is it better to regulate all State affairs by general than by special 
laws? (31.) 

175. Why? (32,33.) 

176. What are the effects of “ local legislation ” ? (34.) 

177. Why was it necessary to prohibit local legislation? (35.) 

178. How may a local or special law be passed ? (35, 26.) 

179. What may the General Assembly not consider in extra session? 
(35, 27.) 

180. What prohibition in reference to the seat of government? (35, 

28 .) 

181. What would be the effect of a resolution proposing to repeal, ex¬ 
tend, alter, or amend a law ? (35, 29.) 

182. What provision in reference to salaries of judges of courts of rec¬ 
ord ? (35, 30.) 

183. In reference to publication of decisions of the Supreme Court? 
(35, 31.) 

184. How many square miles of area, at least, must every new county 

contain ? (35, 32.) Can an old county be reduced below this area, or be¬ 
low the number of inhabitants required for a ratio of representation ? (35, 

32.) 

185. How near to a county-scat may the line of a new county run? 
(35, 32.) 

186. May a part of a county be taken from it without the consent of a 

majority of the voters of such county ? (35, 32.) 

187. What is said of the power to tax corporations and corporate prop¬ 
erty? (35, 33.) 

188. What of taxing municipal corporations? (35, 34.) 

1S9. What is said of aid by the State to religious organizations ? (35, 

35.) 

190. Of special laws affecting corporations? (35, 37.) 

191. Of retrospective laws affecting municipal corporations? (39.) 

192. Of authority to construct street railroads ? (35, 40.) 

193. Of a State bank? (35, 41.) 

194. Of corporations with banking powers? (35, 42.) 

195. Of the legislative power with reference to the lands and property 

of the United States ? (35, 43, 44.) 

196. Of the rate of taxes on the lands of non-residents? (35, 

45.) 

197. Of the fees and terms of office of State and municipal officers? 
(35, 46.) 

198. Of laws authorizing lotteries? (35, 47.) 


246 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Executive Department. 

199. How many officers in the executive department ? (1.) Name them. 

200. How, when, and for how long are they elected ? (2.) 

201. When do their terms begin ? (3.) 

202. From what periods are their terms reckoned ? (4, 5.) 

203. Which officers are ineligible to re-election? (6.) 

204. What is required of them by section 1 of Article V of the Consti¬ 
tution, and by section 18 of the Bill of Rights ? (7.) 

205. What are the qualifications of Governor and Lieutenant-Governor ? 

( 8 .) 

206. Of the other officers ? (8.) 

207. How many powers of the Governor are enumerated ? (9.) 

208. Name as many of them as you can. 

209. For what purposes may he call out the militia ? (9, 3.) 

210. Name the powers of the Lieutenant-Governor. (9.) 

211. IIow many duties of the Governor are enumerated? (10.) 

212. Name as many as you can. 

213. Name the duties of the Lieutenant-Governor. (10.) 

214. What are the duties of the Secretary of State? (10.) 

215. Of the State Auditor ? (10.) 

216. Of the State Treasurer ? (10.) 

217. Do the executive officers have other duties than those formally 
mentioned in the Constitution? (11.) 

218. What is the duty of the State Board of Equalization? (12.) 

219. Who compose that board ? (12.) 

220. What officers compose the State Board of Education ? (13.) 

221. What is said of the compensation of executive officers? (15.) 

222. Of their accountability ? (16.) 

223. For what may they be impeached ? (16.) 

224. What is the process of determining the election of executive offi¬ 
cers? (17.) 

225. Must the Governor always command the militia in active service ? 

( 17 , 2 ) 

226. What is the order of succession to the office of Governor in case 

of vacancy occurring ? (17, 3.) 

227. What is the seal of the State called? (17, 4.) 

228. What is said of accounts of official expenditures by executive offi¬ 
cers? (17,5.) 

229. Of the style of commissions ? (17, 6.) 

230. How are contested elections of Governor and Lieutenant-Governor 
determined ? Of other executive officers ? (17, 7.) 


REVIEW QUESTIONS. 


247 


Judicial Department. 

231. What courts compose this department ? (1.) 

232. What is the number of judges of each court ? (2.) 

233. How many judges in the Circuit Court of St. Louis County? (3.) 

234. What are the qualifications of judges of the Supreme Court ? (4.) 

235. Of the St. Louis Court of Appeals? (4.) 

236. Of circuit courts ? (4.) 

237. Of other courts ? (4.) 

238. What is the tenure of office of the judges of the several courts? 

(5.) 

239. When do the terms of office of Supreme judges begin? (6.) 

240. Of the St. Loui3 Court of Appeals? (6.) 

241. Of other courts ? (6.) 

242. What is said of the jurisdiction of courts ? (7.) 

243. State the jurisdiction of the Supreme Court. (7.) 

244. In what way is it restricted ? (7, 4.) 

245. State the jurisdiction of the St. Louis Court of Appeals. (7.) 

246. Of circuit courts. (7.) 

247. Of criminal courts. (7.) / 

248. Of probate courts. (7.) 

249. Of county courts. (7.) 

250. Of municipal corporation courts. (7.) 

251. IIow many terms are held by the Supreme Court, and when do they 
begin? (8.) 

252. By the St. Louis Court of Appeals ? (8.) 

253. By circuit courts ? (8.) 

254. By other courts ? (8.) 

255. State the places of holding the various courts. (9.) 

256. How is the presiding judge chosen, and what is he called ? (10.) 

257. What constitutes a quorum of the Supreme Court? (11.) 

258. Of the Court of Appeals ? (11.) 

259. What is said of the compensation of judges of courts of record ? 

( 12 .) 

260. How are clerks of courts of record chosen? (13.) 

261. What course is pursued in case of an equal division of opinion 

between the judges of the Supreme Court and the St. Louis Court of Ap¬ 
peals ? (14.) 

262. What is Said of the payment of salaries of judges by the counties 

within the jurisdiction of the Court of Appeals ? (15.) 

263. What is said of the opinions of the St. Louis Court of Appeals ? 
(16.) 


248 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


264. What laws of practice govern the proceedings of the Court of Ap* 
peals? (17.) 

266. How soon after the filing of transcripts in cases coming to the 
Court of Appeals, on writ of error or appeal, may these Cases be tried ? (18.) 

266. What is the effect upon the office of judge when a circuit is abol¬ 
ished ? (19.) 

267. What is said of special and general terms of the St. Louis Circuit 

Court ? (20.) 

268. To what is the St. Louis Circuit Court practically equivalent? 
(20, note:) 

269. What appeals or writs of error shall be tried by the Court of Ap¬ 
peals? (21.) 

270. When may a judge of one circuit hold court in another? (22.) 

271. How shall contested elections, tie-votes, and vacancies in elections 

for circuit judges be disposed of ? (23.) 

272. What is said about a system of probate courts? (24.) 

273. How many justices of the peace shall each county have ? (25.) 

274. What is said about writs and processes, prosecutions and indict¬ 
ments ? (26.) 

276. How shall tie-votes or contested elections between candidates for 
clerk of courts of record be determined ? (27.) 

276. What judges are conservators of the peace, and over what terri- 

tory ? (28.) 

277. Define tor its, writ of habeas corpus , mandamus , quo ivarranto } certi¬ 
orari, writ of error , and remedial writs. 

278. What are courts of record? 

279. Are all courts which keep records “courts of record”? 

280. Define transcript , indictment , impeachment. 

Impeachments. 

281. Who are liable to impeachment ? (1.) 

282. For what offenses ? (2.) 

283. How are impeachments tried ? (3.) 

284. When the Governor is on trial, who presides ? (3.) 

285. What is the reason for this ? (3, note.) 

286. What vote does it take to convict ? (3.) 

287. What are the effects of conviction ? (4.) 

Suffrage and Elections. 

288. What are the qualifications of voters ? (1.) 

289. When are voters privileged from arrest ? (2.) Give the exceptions. 



REVIEW QUESTIONS. 


249 


290. In what cases is residence not forfeited by absence from the State 

or usual abode ? (3.) 

291. Who may not vote ? (4.) 

292. What elections must be by ballot ? What by viva voce vote ? (5.) 

293. Describe the method of conducting an election. (6.) 

294. Who may not be elected ? (7.) 

Counties , Cities , and Towns. 

295. Can a municipal corporation aid in any way any private enterprise, 

institution, or corporation ? (2.) 

296. How are the fees of county officers regulated and limited ? (3.) 

297. What is said about the classification of cities ? (4.) 

298. What cities may have a charter government ? (5.) 

299. To what must the charter conform? How may it be amended? 

(B.) 

300. For what must it provide ? (6.) 

301. What peculiar feature in the privileges granted such city is men¬ 
tioned ? (7.) 

302. What restriction is placed upon office-holding in such cities ? (8.) 

Revenue and Taxation. 

303. For what purposes (general) shall taxes be levied and collected ? 

( 1 .) 

304. How shall they be collected ? (1.) 

305. What shall be their character? (1, 3, 4.) 

306. Name the subjects of taxation. (2.) 

307. Name the purposes (specifically) of taxation. (3.) 

308. What property is exempt from taxation ? (4.) 

309. How must property be valued for taxes for county, city, town, and 

school purposes ? (5.) 

310. How is the rate of taxation limited ? (6.) 

311. What is an incorporation tax? What corporations are exempt? 

( 7 .) 

312. What is the prescribed amount of such a tax? (7.) 

Education. 

313. How and for whom are free or public schools maintained? (1.) 

314. What is the object? (2.) 

315. What are the means of support ? (3.) 

316. What is the disposition and who are the custodians of the public- 

school funds ? (4.) 


250 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


315. In whom is vested the supervision of public instruction? (5.) 

316. What is the prohibition in reference to religious co-operation in 

school-work ? (6.) 

Corporations. 

317. What is said of special legislation for private corporations? (1.) 

318. What extent of authority does the State exercise over private cor¬ 
porations? (1.) Give the illustrations. 

319. To what extent are stockholders liable ? (4.) 

320. When may preferred stock be issued ? (5.) What statement of 

Chapter I, § 13, does this illustrate? 

321. What is said of the granting of free tickets or passes by transpor¬ 
tation companies to officers ? (6.) 

322. What would be the effect of accepting such passes or tickets? 
(6, note.) 

Militia. 

323. Who are subject to military duty ? (1.) 

324. Who elects company and regimental officers ? (2.) 

325. What immunities are granted the volunteer or militia forces of the 

State ? (3.) 

Miscellaneous Provisions. 

326. For what offenses are all persons exempted from prosecution, by 

the Constitution ? (1.) 

327. What persons may not hold office in the State? (2.) 

328. When do the terms of all officers begin and end ? (3.) 

329. What is the duty of grand juries in reference to official acts? (4.) 

330. What immunities are granted Senators and Representatives? (5.) 

331. What is the purpose of such immunity ? (5, note.) 

Mode of Amending the Constitution. 

332. How many methods may be adopted for amending the Constitu¬ 
tion? (1.) 

333. Give the steps of the first method. (2.) 

334. What course may be pursued when two or more amendments are 

proposed ? (2, note.) 

335. Give the steps of the second method. (3.) 

336. By which method was the present Constitution adopted? (3, 
note.) 

Schedule. 

337. What is the object of a schedule? (1.) 

338. When does a schedule become inoperative ? (2.) 


STATE OFFICERS. 


251 


339. What is said of any provision of a schedule not consistent with its 
purpose ? (3.) 

340. Where docs section 17 of the Schedule properly belong? (4.) 

341. What is the difference between a “preliminary examination” and 

being “ proceeded against ” ? (5.) 

342. Who may have a preliminary examination, and who be tried? (5.) 


CHAPTER VI. 

STATE OFFICERS. 

1. In a certain sense any officer whose authority is de¬ 
rived from the State is a State officer. In this sense the 
expression would include the officers of counties, cities, and 
other municipalities, as well as the officers of public insti¬ 
tutions. But it is seldom so used, except in contradis¬ 
tinction to those deriving their authority from the general 
government, or United States officers. 

2. In a restricted sense, State officers are those whose 
duties are performed for and in the name of the whole 
people. In this sense assessors, collectors, sheriffs, circuit 
judges, etc., may be said to be State officers ; and they are 
sometimes so called. In assessing and collecting taxes for 
State purposes, State work is performed—a duty to the 
whole people is discharged. But in a technical sense it is 
not correct to speak of these as State officers. 

3. The Constitution recognizes three classes of officers 
—State, county, and municipal. It is not proper, there¬ 
fore, to speak of an officer belonging to one class by the 
title or designation of another class. Technically, a county 
officer is not a State officer. It follows, then, that if an 
officer can not be properly classed either as a municipal or 
county officer, he belongs to the class State officers. In 
this sense circuit judges, judges of the St. Louis Court of 




252 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


Appeals, curators of the State University, regents of the 
normal schools, trustees or directors of State asylums, and 
others, are State officers. 

4 . The most restricted or limited sense in which the ex¬ 
pression is used signifies those officers who are elected by 
the people of the whole State, or who are appointed to 
serve the whole people, and whose duties are not required 
to be performed within the limits or bounds of and for a 
political division of the State. This is the popular sense. 
It is the one hereinafter adopted. 

5 . The following are State officers : 

Elective.—1. The seven executive officers ; 2. Regis¬ 
ter of Lands; 3. The three Railroad Commissioners ; 4. 
Judges of the Supreme Court. 

Appointive.— 5. Adjutant-General ; 6. Warden of the 
Penitentiary ; 7. Physician to the Penitentiary ; 8. The in¬ 
surance Superintendent; 9. The three Fish Commissioners ; 
10. The Commissioner of the Permanent Seat of Govern¬ 
ment ; 11. Tobacco Inspectors ; 12. Coal-oil Inspectors ; 
and, 13. Temporarily, the agent of the State to collect 
war claims against the general government. 

6. Those State officers who are members of the execu¬ 
tive and judicial departments, as already stated, are elected 
by the people. The Register of Lands and the Railroad 
Commissioners are also elected by the people, and at the 
general election, because the statute has so provided. This, 
however, is subject to change at the will of the Legislature, 
which might change election to appointment, or might 
abolish these offices. 

7. The chief distinguishing difference between those 
who are merely State officers and those State officers who 
are also “ executive ” officers is that the Legislature has 
entire control over the former and over their offices (ex¬ 
cept as to change of compensation during their terms), 
while it can not exercise any power over the latter where- 


STATE OFFICERS. 


253 


in the Constitution has prescribed their duties and func¬ 
tions. 

8. The difference may be expressed in this way : Exec¬ 
utive officers are the immediate agents of the whole peo¬ 
ple, elected and instructed directly by them. The people 
are their principals, and to them only they are accountable 
for the proper discharge of constitutional requirements. 
(This, of course, includes obedience to such statutory law 
as the Constitution directs them to obey.) Other State 
officers, while serving the whole State, are the mediate 
agents between the Legislature and the people. The Gen¬ 
eral Assembly is their principal, and may control all their 
actions and functions. They are the instrumentalities which 
the people authorize the Legislature to use for the purpose 
of carrying out the popular will and of subserving the 
general welfare. 

9 . The Register of Lands is elective every four years 
from the year 1876 (with the Governor). He is paid the 
same salary as executive officers, except Governor. 

10 . There are three Railroad Commissioners. Their 
tenure of office is six years. One is elected every two years, 
at a general election. Their salaries are fixed by law. 

11 . The offices of Register of Lands and Railroad Com¬ 
missioners are kept at the State Capitol, where rooms are 
furnished by the State. 

12 . All the other State officers are appointed by the 
Governor. 

13 . The office of Adjutant-General is provided for by 
the Constitution, and yet this officer is not made a member 
of the executive department. Hence, he occupies an anom¬ 
alous position—a sort of median state between the two 
classes w r e are discussing. Ho duties are outlined for him 
in the Constitution. The enactment of a militia law and 
the organization of militia is left entirely to the Legis¬ 
lature. This is suggestive, perhaps, of the purpose to make 


254 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


this arm of the public service, though recognized as im¬ 
portant, entirely subject to the civil authority. 

14. The Adjutant-General belongs to the personal staff 
of the Governor, who appoints him without the consent of 
the Senate. He may be removed at any time by the Gov¬ 
ernor at will. 

15. The Warden of the Penitentiary, the Superintend¬ 
ent of the Insurance Department, and the Fish Commis¬ 
sioners are appointed by the Governor, “ by and with the 
advice and consent of the Senate ”—that is, the Governor 
appoints (or nominates) and the Senate confirms. Hence, 
the Governor can not remove these officers without the con¬ 
sent of that body when in session. Should the Governor 
remove any one of them while the Senate was not in ses¬ 
sion, he would report his act to that body for approval 
when the General Assembly convened. 

18. The offices of Adjutant-General and Warden are kept 
at the capital. That of the Superintendent of Insurance is 
in St. Louis. The Fish Commissioners have no fixed offi¬ 
cial residence. 

DUTIES OF STATE OFFICERS. 

17. Nearly all the duties of the Governor are outlined 
in the Constitution. The reason for the greater particular¬ 
ity of the Constitution with respect to this officer than with 
respect to other executive officers is obvious. As the head 
of the Executive Department, one of the independent de¬ 
partments of government, it is necessary to remove the 
chief magistrate beyond the jurisdiction of the law-making 
power. Otherwise the Legislature might assume arbitrary 
powers, destroy one of the departments, and the checks 
against encroachments on popular rights. 

18. The Governor’s prerogatives and functions are not 
subject to the direction or control of the Legislature or the 
courts. He is entirely independent, except under impeach¬ 
ment. 


STATE OFFICERS. 


255 


19 . The Legislature has conferred certain powers upon 
him, and these are ex-officio duties. He is made one of the 
Inspectors of the Penitentiary, and also a member of the 
Board of Fund Commissioners. 

20. The duties of the Inspectors is a general watch-care 
over the penitentiary ; of the Fund Commissioners, over 
the financial management of the State’s revenue and debt. 

21. The Governor, State Auditor, and Attorney-General 
are Fund Commissioners. 

22. The Auditor, Treasurer, and Attorney-General are 
inspectors of the penitentiary. 

23. The Governor, Secretary of State, Auditor, Treas¬ 
urer, and Attorney-General are a board for the appoint¬ 
ment of the Commissioner of the Permanent Seat of Gov¬ 
ernment, and to have a general supervision over the Capi¬ 
tol, Capitol-grounds, and State property. 

24. The Secretary of State, Auditor, and Register of 
Lands constitute a commission on public printing. This 
commission approves orders for printing for the executive 
and State officers, lets contracts for State stationery and pa¬ 
per for State printing, and approves accounts for the same. 

25. It is the duty of the Attorney-General to give legal 
counsel and advice to the Governor and other State officers, 
and to the Legislature, or committees thereof, when re¬ 
quested to do so ; to represent the State in cases pending 
in the Supreme Court, wherein the State is a party, and to 
assist prosecuting attorneys in State cases pending in the 
lower courts, when directed by the Governor to do so. 

28. It is the duty of the Secretary of State to keep, file, 
and preserve all State papers, documents, records, books not 
otherwise disposed of, and State stationery and paper. He 
must make records of all appointments by the Governor, of 
election of all State officers, and of other officers whose elec¬ 
tion must be certified to his office (under statute) and whom 
the Governor commissions, of articles of association or 


256 


THE CIVIL SYSTEM OF MISSOURI, 18S1. 


incorporation, and must furnish certified copies of such 
records for the courts, the Legislature, and interested par¬ 
ties when called upon to do so. (The law requires indi¬ 
viduals who call for certified copies to pay a certain 
amount of fees therefor, which are paid into the State 
Treasury.) 

27. It is the duty of the Superintendent of Public 
Schools to interpret the school law, to give advice and coun¬ 
sel to school officers and others, to visit the congressional 
districts in the interest of education, to collect and publish 
statistics, to exercise a general supervision over the school 
funds and other interests, to supply blanks for reports to 
county clerks, county commissioners, directors and teach¬ 
ers, and to make an annual report to the Governor or to the 
General Assembly. 

28. The Register of Lands is the custodian of the field- 
notes of the original surveys of the territory of the State, 
and records of patents issued for public lands sold. He 
issues these patents to purchasers of State lands and makes 
plats of surveys for the use of counties or individuals. He 
also attends to claims of the State against the general gov¬ 
ernment for lands erroneously sold, and of individuals 
against the State for lands erroneously sold by the State or 
general government. 

29. The Railroad Commissioners superintend the opera¬ 
tion and charges of railroads, under the law. 

30. The Warden of the Penitentiary is the executive 
officer of that institution, and its general superintendent or 
overseer. 

31. The Adjutant-General has charge of the State Ar¬ 
mory, military records, battle-flags, etc., and is the com¬ 
mander, under the Governor, of the militia forces of the 
State. 

32. The Superintendent of the Insurance Department, 
as the name implies, superintends the operations of insur- 


STATE OFFICERS. 257 

ance companies doing business in the State, under the in¬ 
surance laws. 

33 . It is the duty of tlie Fish Commissioners to propa¬ 
gate and distribute in the rivers and lakes of the State food- 
tishes, and to see that the laws for the protection of such 
fish are enforced. 

34 . The Commissioner of the Permanent Seat of Gov¬ 
ernment, appointed by the commission of State officers, 
above mentioned, has charge of the State Capitol and 
grounds, and of all State property not in use. He must 
keep them in good order and repair, and preserve them 
against theft or decay. It is his duty to wait on visitors 
who desire to inspect the buildings and grounds. 

35 . During the recent civil war the State expended large 
sums of money for her own troops in the service of the gen¬ 
eral government. Much of the money so expended has been 
refunded, and much more is claimed by the State to be due 
her. But this claim has not yet been accompanied by such 
proofs as are necessary to secure the recognition of the gov¬ 
ernment. Hence, by authority of a statute recently enacted, 
the Governor has appointed an agent to collect, arrange, 
and present the proofs, and to collect the amounts found 
to be due. When the claim is allowed and paid, or when 
it is rejected, the agency will cease. The agent’s compen¬ 
sation is to be a certain percentage of the amount collected. 

38 . The Inspectors of Tobacco and of Coal-oil receive 
fees*for their services. Tobacco is inspected for the pur¬ 
pose of determining its grade or quality, net weight, etc., 
and that the grade of a package is uniform. Coal-oil is 
inspected to ascertain the degree of heat at which it ignites 
when its vapor comes in contact with a flame. Inspectors 
must brand packages of tobacco or oil so as to show the 
dates of inspection and its results. The law forbids the 
sale of coal-oil as burning-fluid if its vapor ignites at a 
lower temperature than 150° Fahr. 


258 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


CHAPTER VII. 

TERRITORIAL DIVISIONS OF THE STATE. 

1. Ownership of land necessitates limits which can be 
defined. If a man owns a certain number of acres, it is that 
quantity of land in a given locality. If his neighbor owns 
land adjoining, it is necessary that the boundary-line be¬ 
tween the two tracts shall be definitely fixed and well 
understood, in order to prevent trespass by one on the 
other. 

2. In fixing limits or bounds, there must be some start¬ 
ing-point recognized by all, and fixed or established. No 
man has the right to determine this question for his neigh¬ 
bors. His neighbors would not recognize any assumed 
right, nor submit to arbitrary proceedings in this direction. 
How shall the starting-point be established ? Evidently by 
some authority recognized by all. That authority can not 
be less than the State, for the State is the final arbiter in 
all questions of dispute between her citizens. 

3. The division of the territory of the State into well- 
defined areas is therefore a necessity to the protection of 
the individual citizen and of personal rights. 

4. There is still another reason for territorial division. 
The area of the State is too large, its population too great, 
and its interests too many and too diversified, to be gov¬ 
erned from a given point, and by one set of officers. -We 
learned in Part I, Chapter XII, that a pure democracy in a 
State was impossible ; that the people could not assemble 
at any point to conduct the affairs of government, and must 
therefore choose representatives. In the same way there 
must be representatives of authority in various localities, to 
attend to daily recurring local interests—interests which 
require immediate attention, and which can not await the 
delay in being heard and adjusted by a central authority, 


TERRITORIAL DIVISIONS OF THE STATE. 


259 


even if it were possible for such authority to understand 
and appreciate the merits of these questions. 

5 . But if it be necessary to appoint officers for localities, 
it follows that they must be appointed in sufficient numbers 
to meet the demands of government. It also follows that 
their jurisdiction must be restricted to certain localities, or 
the interference of one set of officers with another—the 
conflict of authority—would subvert the purpose of their 
appointment. 

6. The same class of officers would have equal authority ; 
so that one could not fix bounds for another. The State is 
therefore compelled to restrict the exercise of their powers 
to certain localities or territory. Territorial division is 
therefore not only a convenience to the administration of 
government, but is a governmental necessity. 

7. But the State must have some starting-point or ba¬ 
sis. Where does she get it ? In the act of Congress pro¬ 
posing to admit Missouri into the Union—Part II—the 
boundary-lines of the State are defined and established. 
From any point on these boundary-lines the State might 
establish a starting-point for the measurement of areas. 
But the United States Government has caused surveys to 
be made of the whole territory, and has “ laid it off ” into 
areas as near as may be symmetrical, uniform, and of equal 
dimensions. 

8. These areas are adopted by the State as the basis of 
all the divisions made for governmental purposes. 

9. They are called townships and sections , and are what 
we term “ territorial divisions of the State.” There is one 
other such division—established by the State—called a 
county. There are, then, three territorial divisions of the 
State : toicnships, sections, and counties. Subdivisions of 
these are made by corporations and individuals—as in the 
platting of towns and cities, or the sale of real estate. 

10. Our geographies teach us what parallels of latitude 


260 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


and meridians are. With this knowledge as a basis we 
will have no difficulty in understanding the territorial 
divisions. The surveyors run a straight line east and west, 
from some point on a parallel, and call this line a “ base¬ 
line.” From some point on the base-line they run another 
straight line north and south, and call it a “ principal me¬ 
ridian.” 

11. Lines parallel to the base-line and six miles apart 
are then run, and are called “ township lines.” 

12. Other lines are run parallel with the principal me¬ 
ridian and six miles apart, and are called “ range-lines.” 

13. It is thus seen that square areas, six miles each way, 
are formed by the crossing of township (east and west) and 
range (north and south) lines. 

14. These square areas, containing thirty-six square 
miles, are called “townships.” To distinguish these from 
another division of the counties, and because the surveys 
are made under a law of Congress, they are called congres¬ 
sional townships. 

15. Parallel lines are run across the townships, north 
and south, east and west, and at distances of one mile 
apart, thus dividing the townships into thirty-six square 
areas, one mile each way. These areas are called “sec¬ 
tions.” 

16. While township lines run east and west, the town¬ 
ships themselves run (or are numbered) north and south. 
Range-lines run north and south, but the -ranges are num¬ 
bered east and west; just as latitude is measured north and 
south, and lines (or parallels) of latitude run east and west. 

17. Turn to map No. 1, and you will see certain numbers 
in the right and left margins. These are the numbers of 
the townships. The figures at the bottom are the num¬ 
bers of the ranges. 

18. Township 48, range 24, lies in Lafayette and John¬ 
son Counties. Remembering that the townships are six 


TERRITORIAL DIVISIONS OF THE STATE 


261 





























































































































































































































































































































































262 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


miles square, and are numbered from the base-line, it will 
be seen that this township is 47 times 6 miles from the 
base-line, which runs through the State of Arkansas, near 
Little Rock. Remembering, also, that range-lines are six 
miles apart, it will be seen that this township, lying in 
range 24, is 23 times 6 miles west of the principal me¬ 
ridian from which ranges are numbered in Missouri. 

19. The meridian from which ranges in this State are 
numbered is the “ 5th principal meridian.” It runs north 
and south 36 miles west of St. Louis, and ranges are num¬ 
bered east and west. Thus, St. Louis is in range 7, east • 
the township in Lafayette and Johnson is in range 24, 
west. 

20. The 3d and 4th principal meridians are in the State 
of Illinois, and the 6th in the State of Kansas. 

21. The sections of a congressional township are num¬ 
bered alternately from east to west and from west to 
east, beginning with the northeast corner, as is seen in 
map 1. 

22. A section of land, being one mile square, contains 
640 acres. This is divided into four equal parts, called 
quarters, and these quarters are divided into four equal 
parts, called fourths or quarters. A quarter contains 160 
acres, and a quarter of a quarter (or a fourth of a quarter) 
contains 40 acres. 

23. At the top of map 1 is an enlarged section thus 
divided. We will suppose it to be the 16th section of the 
township we have been considering. Row, if a man should 
buy that part of the section marked a, it would be de¬ 
scribed in his title-deed as “the N. E. (northeast) quarter 
(or fourth) of the N. E. quarter of sec. 16, town. 48, range 
24, west.” If he should buy the north half of k, it would 
be described as “ the N. £ of the N. E. \ of the S. W. I of 
sec. 16, town. 48, range 24, west.” 

24. While in theory townships are six miles square, in 


TERRITORIAL DIVISIONS OF THE STATE. 


203 


fact all are not ; some have a greater area. This happens 
as follows : owing to inaccuracies of instruments or calcu¬ 
lations, and to slight gains or losses of distance in measure¬ 
ments by those carrying the chains, it is found that town¬ 
ship or range lines are not kept parallel. The man who 
marks off live spaces of six miles each on the principal 
meridian will discover that the one west of him, who 
started to mark off six-mile spaces in the same direction, 
from the same parallel or base-line, is not on a parallel 
with him, running east and w T est. 

25. This loss of distance would become considerable in 
running long distances. To prevent this, corrections are 
made, a new line or parallel is run, and is called a “ stand¬ 
ard ” or “ correction ” line. The following diagram will 



The spaces 9, 10, 11, and 12, are the sections of a town¬ 
ship, as nearly as may be, one mile square. The spaces 
above each ought to be of the same dimensions ; but, on 
account of running the straight line a b, it is readily seen 
the spaces are increased. When this occurs, the surveyors 
“ close up ” on that township, which means that, after going 
a half-mile from the lower spaces, they begin to lay off the 
remaining space into “ lots,” or 80-acre tracts, running across 
the sections. [So great a difference, perhaps, never hap¬ 
pens as the diagram represents. The exaggeration is in¬ 
tended to make the difference manifest to the eye at first 
glance.] 

















264 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


28. The expression “ territorial division ” has reference 
exclusively to established, or permanently fixed, areas. A 
county is practically a fixed area, for the Legislature can 
not at will change its boundaries. The Constitution recog¬ 
nizes counties as established areas which the power of the 
State can not change without the consent of their own in¬ 
habitants. Hence a county is classed as a territorial di¬ 
vision. It also belongs to the “ political divisions,” and is 
so classed in Chapter VIII. 

27. A county is the largest territorial division, and its 
boundaries are defined by township, range, and section lines, 
and by water-courses when they are large. When water¬ 
courses are used as boundaries, the middle of the main 
channel is taken as such boundary-line. 


CHAPTER VIII. 

POLITICAL DIVISIONS OF TEE STATE. 

1. For the convenience of administering government 
and the exercise of political privileges, the population of 
the State is divided into communities or separated into dis¬ 
tinct bodies, within certain bounds or areas. These distinct 
parts of the State we call political divisions. 

2. There are ten such divisions in the State, as follows : 
1, a school district; 2 , villages ; 3, towns ; 4 , cities ; 5, 
counties; G, municipal townships; 7, representative dis¬ 
tricts ; 8, senatorial districts ; 9, judicial districts (or cir¬ 
cuits) ; 10, congressional districts. 

3. The foregoing are of two classes ; namely : 

1. Political or municipal corporations. 

2. Divisions without corporate powers or responsibili¬ 
ties. 




POLITICAL DIVISIONS OF TIIE STATE. 205 

4 . The first five divisions above named are always po¬ 
litical or municipal corporations. The sixth is a municipal 
corporation only when its county has adopted “ township 
organization.” 

5. The last four always belong to the second class, or 
never possess corporate powers. The sixth belongs, gener¬ 
ally, to the second class ; but, as said in the foregoing sec¬ 
tion, becomes a member of the first class under “ township 
organization ” (explained in Chapter IX). 

6. One feature of a corporation is legal organization. 
It has officers. In succeeding chapters we will learn some¬ 
thing of the election, powers, duties, and responsibilities of 
these officers, and of the liabilities of corporations. A po¬ 
litical division, therefore, which has no officers to represent 
or govern it; which has no power (or authority) over its 
inhabitants ; which has no political duties, and hence no 
political accountability—is not a corporation. 

7 . Divisions of tlie second class: The political divisions 
of the first class (corporate) are considered in succeeding 
chapters. We therefore continue in this chapter a study 
of the second class (divisions without organization or pow¬ 
ers) only. 

8. Municipal townships are divisions of a county for 
the convenience of elections and of county government. 
These townships are “ laid off ” and named by the county 
court, which has the power to erect new townships, or to 
change the boundaries of townships, to suit public conven¬ 
ience. The statutes require the courts to notify the Secre¬ 
tary of State of the names and bounds of all townships 
erected, and of changes therein. 

9. The district from which a judge of the county court 
is elective is composed of whole municipal townships ; no 
township can be divided in forming such district. 

10 . Election districts are townships, or portions of sin¬ 
gle townships, designated by the county court. These 

12 


266 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


election districts are created for tlie convenience of voters, 
to avoid the necessity of traveling long distances to vote. 
The districts are never composed of portions of two differ¬ 
ent townships. 

11. Justices of the peace are elected for and by the 
townships. 

12. The law does not permit a boundary-line of a mu¬ 
nicipal township to be run through a town or through the 
“ common fields ” belonging to a town. Thus, every vil¬ 
lage, town, or city, and the outlying fields belonging (at¬ 
tached) thereto, are within a municipal township. 

[Note. —Should a town or city be built on and across county lines, it would 
lie in two municipal townships, because lying in two counties. In such case 
the law does not apply fully. The county court of each county has jurisdic¬ 
tion only within its own county, and hence could not extend a township line 
around a town or city so situated. If we should say that the county court is 
prohibited from running the boundary-line between two townships in its own 
county through a town or city, we would express all and precisely what the 
law means.] 

13. Some of the differences between municipal and 
congressio7ial townships are readily seen by reference to 
map No. 1. For instance, AVarrensburg township (colored) 
includes twenty-four sections of congressional township 
No. 46, range 26, and a number of sections of three other 
congressional townships. 

14. Congressional townships are uniform and fixed areas 
between parallel lines. Municipal townships are such areas 
as the county courts may choose to define, for public con¬ 
venience, with no uniformity as to size and frequently no 
regularity of outline. (See Davis and Freedom townships 
—map 1.) 

15. Congressional townships may lie in two or more 
counties—as T. 48, R. 24 ; while municipal townships are 
always confined to one county. 

16. The object of congressional townships is the meas¬ 
urement of distances and areas, and the location of lands 


POLITICAL DIVISIONS OF THE STATE. 


267 


for ownership, taxation, etc. The purpose of the munici¬ 
pal townships is for the convenience of elections and civil 
administration. The congressional township is never a 
political division—the municipal township is always such. 

17 . Representative districts are those areas from which 
a Representative is elected to the lower House of the Gen¬ 
eral Assembly. As a rule, such a district is a whole county. 
It never embraces territory in two counties. The Constitu¬ 
tion (Article IV, section 2) declares that each county shall 
be entitled to one Representative. 

18. When a county is entitled to more than one Repre¬ 
sentative and not more than ten, the county court divides 
it into a corresponding number of districts, and each dis¬ 
trict is entitled to one Representative. If the county is 
entitled to more than ten Representatives, it is divided by 
the circuit court into such a number of districts as to give 
each district not less than two nor more than four Repre¬ 
sentatives. The districts must be of compact and contigu¬ 
ous territory, and the population thereof must be in pro¬ 
portion to the number of Representatives to which it is 
entitled. 

19 . Senatorial districts are the areas from which a State 
Senator is chosen. The number of districts is fixed (34), 
and it is intended that each district shall contain, as nearly 
as may be, one thirty-fourth of the whole population of 
the State. With a population of two millions the number 
of inhabitants in a senatorial district would be about fifty- 
nine thousand. 

20 . The General Assembly is required to divide the 
State into senatorial districts, after each decennial census 
of the United States. If it fails to redistrict, this duty 
rests upon the Governor, Secretary of State, and Attorney- 
General. In making the division no county can be divided. 
Thus, if one county has a population of fifty thousand and 
an adjoining county a population of forty-five thousand, 


268 


THE CIVIL SYSTEM OF MISSOURI, 1S81 


and it is not possible to find any other two adjoining coun¬ 
ties with a united population less than these two, we would 
have a senatorial district containing ninety-five thousand 
inhabitants, or forty-six thousand in excess of the ratio. 



21. By reference to map No. 3 it will be seen that the 
twenty-second and twenty-fourth senatorial districts em¬ 
brace each eight counties. The twenty-seventh includes 



























































POLITICAL DIVISIONS OF THE STATE 


269 


one county only (Jackson), while the city of St. Louis em¬ 
braces six senatorial districts (the twenty-ninth to the thir¬ 
ty-fourth inclusive). If a county is entitled to more than 
one Senator, the circuit court divides it into districts of 



compact and contiguous territory and equal population, as 
nearly as may be. 

22. Judicial circuits are formed by the General As- 





























































2T0 


TEE CIVIL SYSTEM OF MISSOURI, 1881 


sembly out of one county or a number of counties, accoi cl¬ 
ing to population and tbe probable amount of legal business 
to be transacted. There are now twenty-nine judicial cir¬ 
cuits in the State. The fourteenth has the largest number 



of counties (7). The eighth circuit (St. Louis city) is the 
smallest, and Jackson County is the only county in the 
State forming of itself a judicial circuit. Map No. 2 


























































POLITICAL DIVISIONS OF THE STATE. 271 

sliows the judicial circuits of the State, as formed in 1879 
and as at present (1881) existing. 

23. Congressional districts are formed by the General 
Assembly out of counties containing, as nearly as may be, 
a population equal to the ratio of representation fixed by 
Congress after each decennial census. 

24. The Legislature has the power to redistrict from 
time to time, but must do so after Congress fixes a new 
ratio of representation. Redistricting is sometimes re¬ 
sorted to for political effect. Counties are so grouped as 
to give a majority of votes for the political party construct¬ 
ing the new congressional districts. This undue advantage 
taken by a political party in power in the State, to secure 
an advantage in the number of Representatives in Con¬ 
gress, is popularly termed “ Gerrymandering.” 

25. Map No. 4 shows the congressional districts as 
formed in 1877 and as they are at present (1881). Congress 
not having fixed the ratio of representation since The census 
of 1880 was taken, there can be no redistricting until after 
the next session of Congress, which meets in December. 
It is not likely that the ratio will be fixed before 1882. 
Missouri will probably be entitled to an increase in her 
representation, and since there is to be no regular session 
of the Legislature until 1883, and since an election for 
Congressmen is held in 1882, the Governor will doubtless 
convene the General Assembly in extra session to change 
the districts. 



272 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


CHAPTER IX. 

MUNICIPAL AND OTHER CORPORATIONS. 

1. A corporation is an association of persons deriving 
certain powers from the government which are not enjoyed 
by individuals, and governed by law especially adapted to 
the objects and purposes of such an association. 

2. Certain obligations are imposed upon these organized 
associations (corporations), and they have responsibilities 
separate and distinct from the individual responsibility of 
their members. To illustrate : The property of a bank is 
liable for its debts, but no stockholder in the bank is liable 
beyond the amount of stock he owns therein. If he should 
have one hundred dollars’ worth of stock and be worth, in 
addition, five thousand dollars, his stock would be liable for 
the bank’s debts, but not a dollar of his additional property 
could be taken for these debts or obligations. 

3. The law recognizes the association as a subject, or 
single identity, and deals with it as such, without reference 
to the individuals composing it, or to their personal respon¬ 
sibility as citizens. Messrs. Brown, White, and Black as¬ 
sociate for the purpose of banking. The law recognizes 
the bank, and deals with it’s interests ; and, consequently, 
with the property (or money) which Brown, White, and 
Black put in as the capital on which the bank does busi¬ 
ness ; but the other property which these men own, per¬ 
sonally, is not affected by, nor liable for, the debts of the 
association or corporation. 

4. An association is a corporation only when recognized 
by law, and these legal restraints and obligations have been 
imposed upon it. To incorporate a body, or association, is 
simply to confer upon it, as an organization, privileges and 
powers not enjoyed by private citizens, and to create lia- 


MUNICIPAL AND OTHER CORPORATIONS. 273 

bilities for it, distinct from any personal liabilities of its 
members. 

5. There are two general classes of corporations —private 
and public . Each general class is subdivided as follows : 

Private corporations into— 

1. Railroad companies. 

2. Macadamized, graded, and plank-road companies. 

3. Telegraph and telephone companies. 

4. Savings-banks and fund companies. 

5. Manufacturing and business companies. 

6. Mutual saving, fund, loan, and building companies. 

7. Benevolent, religious, scientific, educational, and mis¬ 
cellaneous associations.—(Revised Statutes, chap, xxi, vol. 
i, p. 116.) 

6. Public corporations , into the first five of the political 
divisions named in Chapter VIII, and the sixth under cer¬ 
tain conditions. 

Note.— The expression “ public corporations” is used in contradistinction 
to the expression “private corporations,” and is interchangeable with the ex¬ 
pressions “political” and “municipal” corporations. 

7. The classification of private corporations as above 
does not signify that there are only seven kinds of such 
associations, but merely that the statutes have provided for 
the organization and management of seven classes; and 
that each individual association is governed by the law 
enacted for its class. For instance, a telegraph company 
may have no interest in telephones, or telephone business, 
but the same law of organization and management governs 
both telegraph and telephone companies. Again, class 
seven contains four named kinds of associations and an 
indefinite number under the general term miscellaneous. 
Each one of the named associations of this class may be 
subdivided according to the objects of its organization. 

8. The necessary steps to secure legal organization (in¬ 
corporation) are— 


274 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


1. The preparation of articles of association , which 
shall set forth : 

a. -Name of the association. 

b. Its objects or proposed business. 

c. Names of incorporators (if it be a joint-stock com¬ 
pany, the names of all members or stockholders, their resi¬ 
dence, and amount of stock owned by each). 

d. Place of location or business. 

e. Names of its officers or managers. 

f. Amount of capital stock (if any), and the number of 
shares into which it is divided. 

g. Rules of government or by-laws. 

A. The number of years it is proposed to continue the 
organization, and 

1. Such other facts in relation to the purposes of the 
association as require legal sanction and protection. (If, 
for instance, it be a railroad company, the names of the 
proposed termini of its road, its length in miles, etc.) 

2. Filing these articles of association with the Secretary 
of State. 

3. Payment of the required fee (incorporation tax) to 
the State Treasurer. (Benevolent, religious, scientific, and 
educational associations are exempted from the payment of 
this tax.) 

9. The corporate existence shall date from the time of 
filing these articles ; that is, the association shall be author¬ 
ized to do business as a corporation and be vested with its 
powers from such date. The evidence of such existence 
and the date of its commencement is the certificate of the 
Secretary of State, attested by the great seal. 

10. The powers conferred upon a corporation are, in 
addition to the power of individuals to sue and defend their 
rights in the courts— 

1. Succession. 

2. To make, use, and alter at pleasure a common seal. 


MUNICIPAL AND OTHER CORPORATIONS. 275 

3. To hold as much property as may be necessary for 
the purposes of the corporation. 

4. To purchase and convey what other property it may 
be necessary to purchase, to secure debts or liabilities to the 
corporation. 

5. To appoint officers or agents, and pay them for their 
services. 

G. To make laws for their own government, not in¬ 
consistent with the statutes or their articles of associa¬ 
tion. 

7. To increase or diminish the number of their directors 
in a prescribed way. 

8. To change corporate name. 

11. Succession means that the resignation or death of 
any or all the original members need not affect the legal 
relations of a corporation. It remains a corporation, with 
all of its liabilities and obligations. The resignation or 
death of a president or other officer does not affect the 
office—another person is chosen and succeeds to the office. 
This is a right which is not, and could not be, enjoyed 
by an individual. The business of a corporation goes on 
through succession, unaffected by the death of its officers. 
The private business of the individual necessarily ceases 
with his death—no one else is liable for his debts, obliga¬ 
tions, or engagements. 

12. Succession continues to the end of the time for 
which an association was incorporated. This time is either 
that fixed in the charter, or, when no limit is so fixed, twenty 

years. 

13. The amount of property necessary for the purposes 
of the corporation is not left to the judgment or whims of 
the corporations, or their officers, but must be fixed by the 
charter or the law creating the corporation. 

14. Changes of name or number of directors do not take 
effect until the president and secretary of the corporation 


276 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


furnish the Secretary of State with an affidavit setting forth 
the facts. 

15. Private corporations are prohibited from doing any 
kind of business which is not named in their charters. In¬ 
dividuals are never restricted to any kind of business ; and 
public corporations can not engage in any kind of business 
(properly so called). 

16. Private and public corporations ^re entirely differ¬ 
ent in their natures. The first is an association of individ¬ 
uals for purposes of business or pleasure ; the second is an 
association, or legal organization, for the enforcement of 
law and the protection of guaranteed rights. 

17. A private corporation is exclusive (only a favored 
few being admitted to its privileges) and limited as to the 
number of its members ; a public corporation is not re¬ 
stricted as to its membership, and is limited only by areas 
or territorial bounds. 

18. A private corporation seeks personal gains or pleas¬ 
ure for its members ; a public corporation can not regard 
individual interests, as such, but must confine itself to the 
promotion of the general or public welfare. 

19. A private corporation is a subject, or dependency, 
seeking protection from the State ; a public corporation is 
an agent, or instrumentality, through which the State grants 
the petition. 

20. A man becomes a member of a private corporation 
by permission of the State, on his own request; while the 
State makes every citizen a member of a public corporation 
without regard to his wishes. 

21. In addition to the filing of the articles of asso¬ 
ciation of all private corporations with the Secretary of 
State mentioned in section 8, those mentioned in classes 
4, 5, 6, and 7 are required to have their articles of asso¬ 
ciation recorded in the office of the recorder of deeds of 
the county or city in which the corporation is located, 


MUNICIPAL AND OTHER CORPORATIONS. 277 

before having them filed in the office of the Secretary of 
State. 

22. Those of class 7 are still further required to apply 
to the circuit courts of their localities for an approval of the 
articles of agreement or association (that is, for a decision 
that they are not inconsistent with the Constitution and 
statutes of the United States or this State), and for a de¬ 
cree thereon, that they may be recorded in the office of the 
recorder of deeds. 

23. Classes 1, 2, 3, and 4 can not be incorporated with 
less than Jive members in the association ; 5 and 7 require 
three incorporators, and 6 ten . 

24. The number of directors or trustees of these corpo¬ 
rations can not be less than three nor more than thirteen. 

25. The word “municipal” originally signified like or 
resembling a town named municipium ; a free Italian town, 
enjoying Roman citizenship, and'hence holding Roman alle¬ 
giance, but making its own laws for internal management. 
A “ municipal corporation ” is, therefore, one whose organi¬ 
zation resembles that of municipium , or a town having the 
power to make and enforce laws, of civil and local admin¬ 
istration. The power to make laws implies organization 
and a corps of officers. 

26. The difference between a political division which is 
not, and one which is, a municipal (political or public) cor¬ 
poration is very distinct and easily seen. The first can not 
sue or be sued ; it can not be punished ; it can punish no 
one ; it can make no laws ; it has no officers. The second 
can sue and be sued ; can punish offenders against its rights 
and privileges ; can be punished ; can make laws, and has 
officers. 

27. A municipal township as a simple political division 
has no organization, no officers of its own, no property, no 
accountability, and hence is not a municipal corporation. 
But the statutes permit the people of a county to decide, 


278 the civil system of Missouri, issi. 

by vote, whether they will adopt “ township organization ” 
—that is, whether the municipal townships of a county 
shall be organized with officers of their own, possess prop¬ 
erty, and be liable to suits, etc. 

28. If township organization be adopted, then the taxes 
of the township are assessed and collected by township 
officers ; the township has a treasurer, a constable and road 
overseers, and is a “ body politic and corporate ”—a munici¬ 
pal corporation . 


CHAPTER X. 

SCHOOL DISTRICTS. 

1. The State undertakes to maintain public schools. It 
does not offer encouragement to those who desire to main¬ 
tain schools, nor say to her citizens, if you so desire, you 
may support free schools and receive the assistance of the 
State. But the State declares that “ free schools shall be 
established for all persons in the State between the ages of 
six and twenty years.” 

2. In furtherance of this purpose school districts are 
made “ bodies corporate,” or are constituted “ municipal 
corporations.” They may own property, and condemn 
private property for public use ; may sue and be sued, and 
they have officers who are responsible to the State, and not 
to the people of the district , in all respects in which the law 
directs them. For instance, the State requires these officers 
to maintain a four months’ term of school in their districts 
annually—not if the voters so decide, but without any refer¬ 
ence to what the voters may desire—and furnishes them 
with the means to obey this command. Should the people 
of a district decide, by a majority of the votes cast, to have 
no school, or to have only two or three months of school in 




SCHOOL DISTRICTS. 


279 


the year, the officers would be compelled to disobey them. 
The State has given different directions, and they are re¬ 
sponsible first to the State. 

3. The State first requires public corporations to dis¬ 
charge certain duties, and, after obedience has been rendered, 
permits the exercise of certain privileges and confers certain 
powers. Thus, the State permits a school district to extend 
a school term beyond four months in the school year, and 
grants the power to the people to carry out this desire under 
certain conditions and restrictions. 

4. The school district is the lowest order of municipal 
corporation ; that is, it has the fewest officers, the simplest 
organization, and the smallest powers, or least authority. 
It has scarcely any legislative power (properly so called), 
and may exercise a very few administrative functions. 

5. The area of a school district is generally of an irreg¬ 
ular shape, and is not confined to a county. In the forma¬ 
tion of school districts, or the change of boundary-lines, no 
attention is paid to county, township, or section lines except 
as starting-points from which to measure and determine the 
district boundaries. Near the middle of the left margin of 
map 1 is a school district which lies in the two counties, in 
two congressional townships (47 and 48), and in two mu¬ 
nicipal townships). It will also be observed that it does 
not conform throughout to the sections in which it lies. 
The district south of it takes off a portion of section 7, and 
the district north takes off a portion of sections 31 and 32. 

6. The district on the right, in T. 48, R. 24, lies in two 
counties and in two municipal townships, but in only one 
congressional township. It will be observed that the out¬ 
line of this district is very irregular. The district includes 
three quarters of section 35, one half of 36, about nine 
sixteenths of 14, about one sixteenth of section 13, and 
thirteen sixteenths of 24. 

7. The irregularity of outline of districts results from 


280 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


several causes. Sometimes streams of water are impassable 
or are dangerous to cross, and the boundary-line of the dis¬ 
trict is made to conform to the course of the stream. Some¬ 
times the taxable value of the property of a district is 
small, and to relieve the burden of taxation a small portion 
of another district is added, it may be only a ten-acre tract 
out of a man’s farm. Small tracts are thus frequently 
added when they include a residence and out-buildings. 
Sometimes a farm is of irregular outline, and extends into 
a different district from that in which the owner’s residence 
is situated, and he has the district lines so adjusted as to 
include all his property in one district. He thus avoids 
paying taxes in two districts and at different rates. Some¬ 
times neighborhood quarrels, petty jealousies, and contrari¬ 
ness render it unpleasant for men to be associated, and they 
separate by changing the boundaries of districts. 

8. The process by which boundary-lines are changed is 
defined in the law. These processes fall within the powers 
that may be exercised by a school district, and we will ex¬ 
amine into them as we investigate these powers. 

9. The duties we are called upon to discharge within 
and for a school district are obligations to the government, 
and, whatever of authority is exercised over us by or for 
these corporations, is the authority of the government. 
What powers may a school district exercise ? 

10. 1 . It may take private property for a school-house 
site, paying a reasonable compensation therefor. If the 
owner can not agree with the district officers as to the 
price, the latter may have the property condemned and ap¬ 
praised, and take it from the owner by legal process. 

2. It may vote a tax for building a new school-house or 
for repairs. 

3. It may increase the length of the school term beyond 
four months, and increase the rate of taxation sufficiently 
to maintain the school for th<e length of time voted for, 


SCHOOL DISTRICTS. 


281 


provided that the increase shall not make the tax greater 
in country districts than sixty-five cents on the one hundred 
dollars’ worth of property, and in cities and towns not 
greater than one dollar on the one hundred dollars. 

4. It may sell an old house or grounds no longer needed 
for school purposes. 

5. It may own or dispose of other property as it may or 
may not be needed, or be suitable for the purposes of a 
school. 

6. It may elect directors. 

7. It may issue bonds for existing indebtedness, or for 
money borrowed. 

8. It may change district boundary-lines, but not with¬ 
out let or hindrance ; adjoining districts which would be 
affected by the change must consent, or, in case of a dis¬ 
agreement, an appeal may be taken to the county commis¬ 
sioner of schools, who may determine the question at issue. 

11. When it is proposed to change boundary-lines, a 
notice of the intention to submit the question to a vote of 
the districts interested is published and posted in five pub¬ 
lic places in each or all of the districts at least twenty days 
before the annual meeting (held on the first Tuesday of 
April). If a majority vote is cast for the change in each 
of the interested districts, it is thereby effected. If a ma¬ 
jority vote of one district is cast in favor of the change 
and the other district or districts give a majority against, 
the matter may be 1 referred to and be settled by the county 
commissioner of schools. 

12. These powers are exercised by the school districts 
directly, or by vote of the annual meeting, in April. 
They may, all of them except the change of boundary-lines, 
be exercised at a special or called meeting. 

13. Except in the matter of change of boundaries, selec¬ 
tion and change of school-house site, sale of property of the 
district not in use and not needed, extension of the school 


282 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


term beyond four months (in country districts), building a 
new school-house, and increasing the rate of taxation to 
more than forty cents on the one hundred dollars of tax¬ 
able values in the district for these purposes, appropriating 
money for books, for district library, for past indebtedness, 
for repairs or rent, borrowing money for the district, and 
electing directors, the annual meeting can exercise no 
power. The people can not control the directors by vote 
in the exercise of the powers conferred upon them by law. 
On the other hand, the directors can not exercise any con¬ 
trol over those matters left by the law to the direct action of 
the annual meeting. 

14. School districts exercise certain powers indirectly— 
that is, by agents or officers, who are called directors. 
These powers can not be exercised in any other way. The 
people can not control the directors in reference to them. 
We speak of them as the powers of the directors, but all 
such powers are exercised for and in the name of the dis¬ 
trict ; the district is liable for all obligations created there¬ 
under. It is therefore important that discreet men should 
be elected as directors, in order that the interests of the 
district may be well guarded by a prudent and wise use of 
power. 

15. Each citizen is governed by the powers which the 
law places in the hands of the directors of his school dis¬ 
trict. The maintenance and management of public free 
schools is a part of the system of the' State government, 
just as much so as police regulations or the revenue system. 
It therefore becomes the duty of the citizen to participate 
in the management of the schools of his district, and his 
personal interests are promoted thereby. This will more 
fully appear in a detailed statement of the powers and du¬ 
ties of directors. 

16. The directors are required to maintain schools for 
four months in every school year (from April to April). 


SCHOOL DISTRICTS. 


283 


They are empowered to direct the levy of such a tax, 
not to exceed four mills on the dollar, as they may deem 
necessary for this purpose. 

They are empowered to employ legally qualified teach¬ 
ers, and to contract to pay them such sums for their ser¬ 
vices as the directors may agree with the teachers to pay. 

They are required to keep the school-house and grounds 
in good condition and repair. 

They are required to purchase and furnish globes, maps, 
charts, etc., for the use of the school. 

They are required to supply the necessary fuel for the 
school-rooms. 

They are required to establish and maintain schools for 
both whites and those of African descent. 

They make all estimates of the amounts necessary to 
enable them to discharge these legal obligations, and of the 
amounts to be levied upon and collected from the property 
of the citizen for school purposes. 

The time of beginning schools is left to their judg¬ 
ment. 

The presidents of the school boards of a county select 
the text-books to be used in the schools of that county, 
once in five years ; and while text-books of different classes 
or kinds may be used in addition to those adopted, no 
change can be made in the list so adopted for the period of 
adoption (five years). 

The directors are empowered to prescribe the course of 
study for the school of which they are the overseers. 

They are empowered to make rules for the government 
of the schools. 

They may grade the schools under their charge, or 
leave them ungraded, as they please or think proper. 

They may appropriate money for such incidental expenses 
as in their judgments ought to be incurred, and have the 
power to audit and allow all claims against the district for 


284 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


services rendered, or materials supplied, under tlicir direc¬ 
tion. 

17. These powers are all exercised independently of the 
voters of the district: the directors can not be disturbed 
therein. They are creatures and servants of the State and 
of law to this extent : beyond this they are the agents and 
servants of the people of the district. 

18. The relation of the citizen to the district and its 
officers is twofold : he has the right to vote at annual or 
special meetings on all questions which the people in such 
legal assemblages have the power to determine ; it is his 
duty to submit to the authority of the district, as expressed 
in such meetings, or by the directors, and to pay the taxes 
levied upon him (within the legal rates). He can not escape 
the taxes imposed. 

19. School districts have no other independent powers 
than those enumerated. They may exact nothing of the 
citizen except taxes within a prescribed limit (40 cents on 
the $100 ; or, by a majority vote of the tax-payers voting, 
65 cents in country districts, and $1 in towns, for teachers’ 
wages and incidental expenses, and 65 cents in country 
districts, and $1 in towns, for building purposes, by a two- 
thirds vote of the qualified voters voting). They can not 
punish. 

20. A number of districts may unite and establish a 
central school, but the powers exercised by the central 
board of directors and the united districts are the same as 
those exercised by each district and its board for its own 
school. The tax on each district, so united, for the main¬ 
tenance of the central school must, when added to the 
district’s separate tax, come within the limit above given. 

21. The school district, while the lowest order of mu¬ 
nicipal or political corporation, is one of the tw r o broadest 
fields in which the citizen finds his political duties, and 
comes in contact with the State. The other is the highest 


VILLAGES, TOWNS, AND CITIES. 


285 


order of municipal corporations—a county. Every citizen 
lives in a school district, or pays taxes for schools, and 
comes in contact with the State therethrough. This can 
not be said of other such corporations, except the county. 


CHAPTER XI. 

VILLAGES , TOWNS, AND CITIES. 

1. These organizations are classed in the statutes in 
the reverse order of the above title. The reason is, per¬ 
haps, that the statutes treat them in the order of their 
highest organization, commencing with the most thoroughly 
organized and complicated city government. The reason 
is a matter of little importance. But the order “ villages, 
towns, and cities,” is adopted to correspond with the plan 
of this book. We study man’s political relations and civil 
duties in ever-widening spheres, beginning with the lowest 
order of municipal corporations, advancing through these 
to the State and national government. 

2. Beginning with the school district, the municipal 
township (when organized) is the next higher order of 
political or municipal corporation, and the village is next 
in order. We restate the order, from lowest to highest, 
for the purpose of impressing it on the mind : 1. School 
district; 2. Organized municipal township ; 3. Village ; 
4. Cities ; 5. County. 

3. Heretofore we have spoken of villages as municipal 
corporations. They may not be such. While villages (in 
statutory sense) may be, and perhaps always are, corpora¬ 
tions, they are not necessarily so. A village may, or may not, 
become incorporated : it depends, almost entirely, upon the 
w T ishes of its inhabitants. This is not true of school dis- 


286 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


tricts, which are always corporations, and which can not 
exist otherwise. But since it is not known that there are 
unincorporated villages of any considerable size in the State, 
and since local interests make it desirable to incorporate 
when it can be done, we may say that villages are municipal 
corporations, without alluding to the possible exceptions. 

4. In current usage, or popular sense, a village is a 
small collection of houses. A dozen houses located near 
each other would be called a village. A town is a larger 
collection of houses. We seldom speak of a place as a 
town unless it has more than one hundred inhabitants. 

5. But in the statutes, villages are defined to be all 
unincorporated towns of less than five hundred inhabitants. 
The statutes also provide that these, and larger towns, may 
incorporate as villages. It is our purpose to discuss incor¬ 
porated villages. A village or town not incorporated 
exercises no power, or governmental functions ; an incor¬ 
porated village governs all its inhabitants. 

6. Incorporation. —A village may become incorporated 
in the following way : a petition signed by at least two 
thirds of its inhabitants is presented to the county court. 
If the court finds that the petition is reasonable (that is, if 
the village would be benefited by having corporate powers 
conferred upon it), and is signed by two thirds of the tax¬ 
able citizens, it grants the prayer. 

7. Trustees. —Corporate powers are vested in a board 
of trustees. The board consists of five members when the 
village has less than twenty-five hundred inhabitants, and 
of nine when the number exceeds twenty-five hundred. 

8. Qualifications of Trustees. —Trustees must possess 
the following, qualifications : 

1. Must be male citizens of the United States ; 2. Must 
be twenty-one years old ; 3. Must be householders ; 4. 
Must have resided continuously in the village for twelve 
months before the election. 


TILLAGES, TOWNS, AND CITIES. 


287 


9. Oath of Office .—Each trustee must take and sub¬ 
scribe an oath to obey the Constitution of the United 
States and of the State of Missouri, and to demean himself 
faithfully in office, before entering upon the discharge of 
the duties of office. 

10. The chairman of the board is appointed by the 
board within twenty days after its election, and is vested 
with the powers of a justice of the peace for the trial and 
punishment of offenders against the ordinances of the cor¬ 
poration. 

11. Time of Election .—The trustees are elected on the 
Tuesday after the first Monday of April. The first board 
is appointed by the county court at the time of incorpora¬ 
tion. 

12. Expulsion of Members .—The board has power to 
judge of the qualifications and election of its own members, 
and may punish a member or other person for disorderly 
conduct in its presence. This punishment of a member 
may extend to expulsion, by the affirmative vote of four 
of the trustees (this provision of the statute must, of 
course, be construed to apply to boards of five members, 
although nothing in the text limits it to such boards ; in a 
board of nine members, four would not be a majority, and 
could not carry any proposition against the wish and vote 
of the other members), but no trustee can be expelled twice 
for the same offense. 

13. It will be remembered that a similar provision in 
reference to the expulsion of a member of the Legislature is 
found in the Constitution. Such a provision is in harmony 
with the principles running throughout our form of govern¬ 
ment. The condemnation of a private citizen or an officer 
elected by the people, or appointed by the Governor and 
confirmed by the Senate, is not suffered to stand without 
the right of appeal from the trial court or tribunal render¬ 
ing the first decision. In impeachments there seems to be 


288 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


an exception to this rule : but impeachment is itself the 
condemnation of the House of Representatives, and the 
trial before the Senate is in the nature of an appeal made 
by the whole people in behalf of the condemned officer. 

14. In the case of an expelled trustee an appeal can be 
taken to the people by seeking a re-election. If the people 
re-elect an expelled trustee, the fact is either a condemna¬ 
tion of the board for the expulsion, or is equivalent to a 
declaration that the act of expulsion was sufficient punish¬ 
ment for the offense committed. The light in which 
re-election is to be regarded depends on the kind of issue 
made before the people. But under any circumstances the 
law virtually says that, whether expulsion was justifiable or 
not, if the people declare that the expelled member is a fit 
representative of themselves, no lesser power shall reverse 
the decision. This principle is observed from the lowest 
legislative body (the board of trustees) in the State, to the 
highest in the nation (Congress). 

15. The tenure of office of trustees is one year. 

16. A quorum of the board is a majority of its mem¬ 
bers ; but a smaller number may adjourn from day to day 
and compel attendance by those who absent themselves 
(this is another similarity to the powers granted to the 
State Legislature and the national Congress). 

17. Other Village Officers .—The Board of Trustees ap¬ 
points the following-named officers : Assessor, Collector, 
Constable or Marshal, Treasurer, and such other officers, 
servants, or agents, as it may deem necessary, and fixes 
their compensation. 

18. The object of incorporating a village is to confer 
upon it those powers of local legislation which are rendered 
necessary by the accumulation of a population in one place. 
There is always more danger of broils and fights when men 
are thrown much together in large companies-, than when 
they are separated by such distances between residences 


VILLAGES, TOWNS, AND CITIES. 


289 


that they meet only at considerable intervals, and generally 
in small numbers. Again, when a number of families are 
living near each other, refuse matter and garbage are likely 
to accumulate where they will be not only offensive to the 
eye and nose but injurious to health. The accumulation of 
wealth in the shape of money in close settlements is a con¬ 
stant temptation to riotous living, not found in sparse or 
country settlements, and there is a consequent ever-present 
danger of disorder, strife, and bloodshed, which the ordi¬ 
nary police power of the State or county is not sufficient to 
check promptly and effectually. 

19. Hence there is a necessity for granting to villages, 
towns, and cities the power to make local police and sani¬ 
tary regulations, to meet the peculiar conditions therein 
found which endanger peace, good order, property, and 
life. The kind of local authority which the State permits 
villages to exercise over their inhabitants and territory 
adjoining their corporate limits is seen in section 5010 of 
the revised statutes, defining the kind of ordinances (lo¬ 
cal laws) which may be adopted by the board of trustees 
(local legislature). The necessity for a majority of these 
ordinances is at once apparent without explanation, and the 
section referred to is here copied : 

20. “ Section 5010. Such board of trustees shall have 
power to pass by-laws and ordinances to prevent and remove 
nuisances ; to prevent, restrain, and suppress gambling- 
houses and other disorderly houses within the limits of such 
town, or any addition to such town, or any common thereto 
attached ; to restrain and prohibit gambling ; to provide 
licensing and regulating dram-shops and tippling-houses, 
public shows, circuses, theatrical and other amusements, to 
the distance of one half mile from the corporate limits of 
such town ; to prohibit the firing of fire-arms ; to prevent 
furious and unnecessary riding or driving of any horse or 
other animal within such town or such part thereof as they 

13 


290 


THE CIVIL SYSTEM OF MISSOURI, 1831. 


may think proper ; to establish night-watches and patrols ; 
to erect and maintain poor-houses and hospitals ; to prevent 
the introduction and spread of contagious disease; to 
organize and maintain fire-companies ; to prevent and extin¬ 
guish fires ; to establish fire limits, and to define the bound¬ 
aries within which wooden buildings, stables, manufacto¬ 
ries, and other structures, which may increase the danger 
of calamities from fire, shall not be erected ; to establish 
and provide for wells, cisterns, and pumps ; to regulate the 
construction of chimneys and the flues thereof, and to ap¬ 
point an inspector or inspectors of chimneys and flues, and 
to define the duties and fix the compensation thereof ; to 
establish and regulate markets ; to erect and repair bridges ; 
to erect, repair, and regulate wharves, and the rate of 
wharfage ; to regulate the landing and stationing of steam¬ 
boats, rafts, and other water-craft; to provide for the in¬ 
spection of lumber, building materials, and provisions to be 
used or offered for sale in such town, or to be exported 
therefrom ; to borrow money for the improvement of such 
town, or to supply the same with water or gas ; to open 
and form public squares, avenues, drains, and sewers, and 
to keep the same cleaned and in order ; to locate and lay 
out new streets and alleys ; to establish the grade of streets 
and alleys ; to determine and fix the width of sidewalks, 
and the materials of which they shall be built, and to widen 
streets heretofore laid out in such town, and to appoint 
three commissioners to assess damages done to property 
upon which such street or alley may be located, deducting 
from such damages the amount of benefit, if any, such 
street or alley, or the widening thereof, may be to the 
same ; but all assessments so made by the commissioners 
shall be reported as soon as may be to the board of trus¬ 
tees, who may approve or reject the same ; and all persons 
aggrieved by such assessment may, within fifteen days 
after receiving notice of such assessment, appeal therefrom 


VILLAGES, TOWNS, AND CITIES. 


291 


to the next circuit court of the county, by giving notice of 
such appeal to said board of trustees at least fifteen days 
before the first day of the term to which said appeal is 
taken, and the circuit court, on such appeal, shall be pos¬ 
sessed of the case and proceed therewith to find judgment 
according to law. In all cases of assessment or appeal the 
land to be used for or occupied by the street or alley may 
be taken possession of for the purpose of establishing and 
improving such street or alley, as soon as the amount of 
damages, so assessed, shall be tendered to the owner ; also 
to open, clear, regulate, grade, pave, or improve the streets 
and alleys of such town ; to provide for lighting the streets 
and erecting lamps thereon ; to regulate and prohibit the 
running at large of dogs, hogs, cattle, and horses in the 
streets and alleys of such town, and to impose and collect 
a tax on dogs, not exceeding one dollar each ; to impose 
and appropriate fines for forfeitures and penalties for break¬ 
ing or violating their ordinances ; to levy and collect taxes ; 
to regulate the inclosure of any common-field belonging to 
or within the limits of such town ; and to pass such other 
by-laws and ordinances for the regulation of the police of 
such town, and commons thereto appertaining, as they shall 
deem necessary, not repugnant to and contrary to the laws 
of the State.” 

21. Manner of enforcing Authority. Tax Collections. 
—The taxes which a board of trustees is authorized to levy 
are made a lien against all the property on which they are 
levied. The collector may seize and sell the goods and 
chattels of delinquent tax-payers after having given notice 
to the delinquent personally, or by written statement left 
with some member of his family over fifteen years of age, 
and after the lapse of ten days from such demand. 

22. The collector is charged with all the taxes levied, 
and he must pay the amounts due from delinquents unless 
he makes an affidavit that he has exhausted the power given 


292 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


him by law (as above), and can not find any personal prop¬ 
erty out of which to make the taxes. If he seizes and sells 
property for taxes, he is authorized to levy and collect an 
additional amount sufficient to pay the necessary cost of 
collection ; and if the delinquent is about to remove from 
the town, the collector may seize his goods without the ten 
days’ notice. The reason for this last provision is, that * 
village or town officers have no jurisdiction except that 
which is expressly given them by statute ; and, as is mani¬ 
fest, or as will be seen by reference to section 5010, above 
quoted, that jurisdiction or power is confined to the limits 
of the corporation, the commons belonging thereto, or one 
half mile beyond the corporate limits. If, therefore, a de¬ 
linquent tax-payer were permitted to take his property be¬ 
yond these limits, the village officers could not collect the 
taxes levied. 

• 

23. Fines and Penalties. —When a fine or penalty has 
been imposed and the party fined will not pay the amount, 
suit may be brought against him before a justice of the 
peace, or the chairman of the board of trustees. If judg¬ 
ment is obtained against him, an execution is issued against 
the property of the defendant. If he has no property out 
of which the fine or penalty can be made, he may be com¬ 
mitted to the county jail or town prison, or be made to 
work upon the streets, alleys, or roads of the town or vil¬ 
lage until the fine, with costs, is worked out, at such rate 
per day for services as the justice or chairman may allow, 
not less than one dollar per day. 

24. Recovery of Property. —Property sold for taxes may 
be recovered at any time within two years, by paying the 
purchase and all costs and penalties incurred, and interest 
at the rate of fifteen per cent per annum from the time of 
sale to the time of redemption. 

25. Suits for Recovery of Fines , and Appeal of De¬ 
fendant. —All suits for recovery of fines and penalties 


VILLAGES, TOWNS, AND CITIES. 


293 


must be brought in the corporate name of the village— 

which is, “ The inhabitants of the village of-” ; and 

the defendant has the right of appeal to the circuit court 
of his county. In all civil actions wherein a village is a 
party, whether as prosecutor or defendant, it is known by 
its corporate name only. 

26. Change of Name .—An incorporated village, town, 
or city may have its name changed in the following man¬ 
ner : 

1. The proposed new name is filed in the office of the 
Secretary of State, to be retained there at least sixty days 
before the change is made. 

2. The Secretary of State certifies that the name has 
not been previously given to any incorporated village, town, 
or city. 

3. A petition praying for the change, and signed by at 
least half as many of the qualified electors as voted for 
officers at the last municipal election, is presented to the 
corporate authorities. 

4. The corporate authorities fix a day for hearing argu¬ 
ment in favor of or against such change, and give notice, by 
publication, of the time so fixed. 

5. After hearing the petition and any remonstrances 
which may be presented, the corporate authorities make an 
order changing the name, or refuse to change it, as they 
may decide which course is necessary or proper. 

[Note. —If the Secretary of State notify those filing the name in his office 
that said name has been adopted by some other village, town, or city, another 
name must be chosen and filed for the same length of time.] 

6. A copy of the order making the change is filed in 
the office of the Secretary of State, who publishes the fact 
of such change, and thereafter all courts of the State are re¬ 
quired to recognize the new name. 

27. A change of name does not affect any rights accrued 
under the old name. If any proceedings were pending in 



294 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


any court in favor of or against any such corporation at the 
time of the change of name, such proceedings would be 
continued under the name in which they were instituted. 

28. The petition for change of name of an unincorpo¬ 
rated village or town may be presented to the circuit court 
of the county, and that court may act upon it, provided it 
has been signed by a majority of the legal voters resident 
of the village or town, and the name has been filed with 
the Secretary of State, as required in change of name of an 
incorporated village or town. 

29. Disincorporation .—While it requires a petition of 
two thirds of the inhabitants to incorporate, a petition of 
three fourths of the legal voters is required before a county 
court can disincorporate a village or town. The court must 
have evidence that all the liabilities of the corporation have 
been paid or secured, and must know that notice of the in¬ 
tended application has been published for at least eight 
weeks successively prior to the presentation of the appli¬ 
cation. 

30. The dissolution of a corporation does not affect the 
rights or liabilities accrued or created by it. The court 
appoints a trustee, who takes possession of the property of 
the corporation, sells the same, or so much of it as may be 
necessary to enable him to liquidate all lawful demands 
against it, collects all moneys due it, prosecutes or defends 
to final judgment all suits instituted by or against the cor¬ 
poration, exercises any powers which are necessary to bring 
the affairs of the corporation to a close, makes a report of 
his proceedings to each term of the county court, and, when 
his trust is fulfilled, turns over to the county court all 
moneys in his hands as such trustee, and delivers to the 
county clerk the books, papers, records, and deeds belong¬ 
ing to the dissolved corporation. 

31. The county court then becomes the custodian of 
the property and effects of the dissolved corporation, and 


VILLAGES, TOWNS, AND CITIES. 


295 


applies any revenue which may be received for such village, 
town, or city for its benefit, on the application of a major¬ 
ity of the tax-payers. Should a dissolved corporation be 
reincorporated, its property would be delivered to the cor¬ 
porate authorities. 

32. In the foregoing we have seen what powers an in¬ 
corporated village or town may exercise over its inhabit¬ 
ants, and for what purposes ; whence it gets this authority, 
and how and to whom it may be surrendered. The duties 
and responsibility of officers, as also the details of the man¬ 
agement of municipal affairs, are provided in the statutes. 
These details are of no service to us in studying the relations 
of the citizen to the municipality, and the obligations it 
places upon him. In such a study we are chiefly concerned 
to know what power the State permits the organized com¬ 
munity in which we live to exercise over us, and the sup¬ 
posed necessity for such power. In the application of the 
law to our daily life and pursuits we have need to become 
acquainted with these details. The knowledge is within 
the reach of all; for the statutes are furnished by the State 
to members of the General Assembly, judges and clerks of 
courts of record, prosecuting attorneys, justices of the peace, 
sheriffs, and coroners. 

33. Cities. 

Generally, cities are larger than towns or villages. 
There are exceptions. The statutes provide that “ all towns 
existing under any special law, and having a population 
of less than five hundred, which shall elect to be cities of 
the fourth class, shall be so incorporated ” ; while the law 
for incorporated villages provides for nine trustees in a 
town or village of more than twenty-five hundred inhabit¬ 
ants. Thus it is seen there may be villages of more than 
twenty-five hundred inhabitants, and cities of less than five 
hundred. 

34. These exceptions are possibilities merely, and as 


290 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


they do not exist except by the choice, or election, of the 
inhabitants of the towns seeking incorporation, and since 
there would be no advantage in incorporating in a lower 
order, we will assume that the general classification of the 
statutes is followed. 

35. This classification (exceptions not noted) makes all 
towns of less than five hundred inhabitants “ villages,” and 
all towns of more than five hundred “ cities.” 

36. Cities are classed according to population. There 
are four classes—namely, first, second, third, and fourth. 
A city of the fourth class is one containing five hundred 
and less than five thousand inhabitants. A city of the third 
class contains five thousand and less than twenty thousand 
inhabitants. A city of the second class contains twenty 
thousand and less than one hundred thousand inhabitants. 
A city of the first class contains one hundred thousand in¬ 
habitants, or more. 

37. The classification of communities by population may 
be presented as follows : 

A village contains less than 500 inhabitants. 

A city of the fourth class contains from 500 to 5,000 “ 

“ “ third “ “ “ 5,000 to 20,000 “ 

“ “ second “ “ 11 20,000 to 100,000 “ 

“ “ first “ “ 100,000 inhabitants, or more. 

33. A city belongs to one of these four classes by vir¬ 
tue of having a population included in that class ; but it is 
not necessarily incorporated in the class to w’hich it belongs. 
That is, it may choose to avail itself of the privileges and 
powers provided in the statutes for cities of its class, or it 
may elect to remain under the law provided for a lower 
class. 

39. We have seen the necessity of granting powers of 
local legislation to villages. As the population becomes 
greater, the necessity is more apparent, and the need of 
additional and greater powers is felt. The difference, then, 


VILLAGES, TOWNS, AND CITIES. 


297 


between the classes, is one of organization and powers. 
A city containing one hundred thousand inhabitants needs 
a very large revenue, and has vast interests to guard ; hence, 
it needs a large number of officers and considerable power. 
A city of less than five thousand inhabitants needs a small 
revenue, has small municipal interests, and needs only a few 
officers with meager powers. 

40. A City of the Fourth Class. 

All the powers granted to a village may be exercised 
by a city of the fourth class, and additional powers are 
conferred upon the city, as will appear hereafter. 

41. It has a Board of Aldermen and a Mayor, elective 
for two years, who must possess the following qualifica¬ 
tions : 

The Mayor must be—1. Male citizen of the United 
States ; 2. Thirty years of age ; 3. A freeholder in the 
city ; 4. A resident for five years next preceding election. 

The Aldermen must be—1. Male citizens of the United 
States ; 2. Twenty-one years of age ; 3. Freeholders in 
the city ; 4. Residents for one year next preceding elec¬ 
tion. 

42. The Marshal of the city is also elective at the time 
of the election of mayor, and for the same term. He is 
chief of the police of such city, and is subject to removal 
from office by the Board of Aldermen for violation of law 
or misconduct in office. 

43. Aldermen are elected for two years ; but one half 
their number are chosen annually. The city is divided into 
wards : each ward is entitled to two aldermen, and one of 
them is elective annually. Thus one half of the Board of 
Aldermen is always experienced—having served one year 
when the other half is elected—and a new mayor always 
finds half of that body experienced legislators. In this 
respect the board resembles the State Senate. 

44. The City Clerk is the clerk of the Board of Alder- 


298 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


men, and is elected by the board. Other officers are ap¬ 
pointed by the Mayor, with the advice and consent of the 
Board of Aldermen, and such board has the power to create 
offices, and provide by ordinance for the manner of choos¬ 
ing officers to fill them. It is the duty of the board to de¬ 
fine, by ordinance, the duties, powers, and privileges of all 
city officers wherein these are not prescribed by statute. 

45. The officers to be appointed by the Mayor, as pro¬ 
vided by statute, are, Treasurer , Collector , Street Commis¬ 
sioner , City Attorney, and such others as he maybe author¬ 
ized by ordinance to appoint. 

48. The only other officers named in the statutes for 
cities of the fourth class are assistant marshal and police¬ 
men. The manner of choosing these is left to the judgment 
of the Board of Aldermen. 

47. All the officers of a city of the fourth class, named 
by statute, may be grouped in the following manner : 

^^^hal 1 e ^ ectec ^ ^ the people every two years. 

3. Aldermen, one in each ward elected annually. 

4. City Clerk, elected by the Board of Aldermen. 

5. Treasurer, 


Appointed by the Mayor, with 
consent of the Board of 
Aldermen. 


0. Collector, 

7. Street Commissioner, 

8. City Attorney, 

9. Assistant Marshal, ) Method of selection left to the 


10. Policemen, 


f 


Board of Aldermen. 

48. Powers of the Board. 

In addition to the powers which may be exercised by a 
board of trustees of a village, the Mayor and Board of Aider- 
men of a city of the fourth class have the following powers : 

1. To license and regulate dram-shops, shows, etc., for 
the distance of one mile from corporate limits. 

2. To tax merchants and peddlers, and regulate the sale 
of liquor under merchants’ license or otherwise. 




VILLAGES, TOWNS, AND CITIES. 


299 


3. To regulate tlie storage of gunpowder and combus¬ 
tible materials. 

4. To regulate or prohibit tbe slaughtering of animals 
in the city limits. 

5. To impose a license-tax on auctioneers, ball and ten¬ 
pin alleys, butchers, meat-markets, meat-wagons, livery, 
sale, and feed stables, wood and coal yards, billiard-tables 
and shuffle-boards, bagatelle-tables, pigeon-hole tables, and 
any other tables on which games are played for amusement, 
gift enterprises, patent-right dealers, auction-houses, and 
druggists. 

0. To impose fines not to exceed one hundred dollars, to 
enforce ordinances for maintenance of peace, good govern¬ 
ment, the health and welfare of the city, its trade, com¬ 
merce, and manufactories. 

7. To provide for the enumeration of the inhabitants of 
the city. 

8. To issue bonds, payable in one year, to an amount 
not to exceed one half of the current revenue for the fiscal 
year, and to issue new bonds in renewal of these when the 
city has no money to redeem those outstanding. 

9. To enact quarantine laws and enforce them within 
five miles of the city limits, and to prevent the carrying on 
of any business detrimental to the public health. 

10. To punish vagrants, idlers, gamblers, and others 
having no visible means of support. 

11. The Board of Aldermen have power to compel the 
attendance of witnesses and the production of papers relat¬ 
ing to any subject under consideration in which the inter¬ 
ests of the city are involved. 

12. To remove the Marshal, Assistant Marshal, or Po¬ 
licemen for cause. 

49. Powers and Duties of the Mayor. 

1. He sits with the Board of Aldermen and votes in cases 
of a tie. 


300 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


2. Has general supervision over the affairs of the city, 
and must enforce the laws. 

3. Shall sign the commissions of all city officers. 

4. Shall sign orders and drafts on the Treasurer, require 
the City Clerk to attest them and attach the seal of the city, 
and shall keep a record of all orders and drafts so signed. 

5. May require officers to make a written exhibit of their 
accounts and official business, and may remove any city 
officer with the consent of the board. 

6. His jurisdiction, under ordinances, extends for five 
miles beyond city limits. 

7. May call out all citizens between eighteen and fifty 
years of age to enforce the laws. 

8. May remit fines and grant reprieves or pardons for 
offenses under the ordinances. 

9. Shall preside at all meetings of the Board of Aider- 
men. 

10. May veto ordinances. 

11. Shall make suggestions to the board, from time to 
time, of such legislation as he thinks the interests of the 
city require. 

12. Shall appoint certain officers. 

13. Shall make an annual report to the board, of the 
financial condition and need of the city. 

14. Shall hold his court in the room provided therefor 
by the city, and keep it open every day except Sunday. 

15. Shall be a conservator of the peace, and shall have 
exclusive original jurisdiction over all offenses against the 
ordinances, and shall keep a docket of all cases tried before 
him. 

16. May issue warrants to the city marshal, the sheriff 
of the county, or any constable of the city, commanding 
the arrest of parties charged with offenses. 

17. May postpone a trial, for good cause, to a fixed day, 
and require the defendant to enter into a recognizance, 


TILLAGES, TOWNS, AND CITIES. 301 

with surety, for his appearance at the time appointed for 
trial. 

18. Shall stop all proceedings before himself in the trial 
of a case when it shall appear to him that the accused should 
be tried under the criminal laws (which class of offenses is 
not cognizable before the Mayor), and cause a complaint 
against the party on trial to be made before a justice of the 
peace. 

19. May compel the attendance of witnesses. 

20. May impose the costs of trial upon those who make 
charges or complaints when he is satisfied that the prose¬ 
cution was commenced without probable cause and from 
malicious motives. 

21. May punish, by fine or imprisonment, for contempt 
shown his court or his orders and processes. 

50. The Oath of Officers .—In addition to the oath re¬ 
quired of trustees of villages, the officers of a city of the 
fourth class, including aldermen, must swear (or affirm) that 
they possess all the qualifications for the offices held which 
are prescribed by the statute. 

51. Style of Ordinances .—All ordinances must begin 
with the formula “Be it ordained by the Board of Aldermen 

of the city of-as follows.” In this respect and in many 

others the exercise of legislative powers by the board is 
made to conform to the requirements of the Constitution in 
reference to the “ legislative proceedings ” of the General 
Assembly. Indeed, we may trace resemblances to the feat¬ 
ures of the legislative, executive, and judicial departments 
of the State government in the authority exercised by the 
several municipal corporations. 

52. Cities of the third, second, and first classes differ 
from each other chiefly in the enlargement of powers and 
increase of officers, just as we have seen the differences in 
the orders of public corporations lying below these. Each 
higher organization exercises the powers of those below 



302 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


itself, and additional powers. But all exercise their author¬ 
ity in the same way, and for the same general purpose—the 
good of the community. Every kind of corporation derives 
all its authority from the same source—the State—and is 
the representative of the State within its jurisdiction. 

53. To understand the cities of the three remaining 
classes, it is not necessary to give in detail the features of 
the statutes under which they are organized ; hut we will 
consider some of the differences characteristic of the vari¬ 
ous classes. 

54. City of the Third Class. 

In this class the executive officer is the Mayor. The 
legislative body is called the Council. 

55. Elective Officers. —1. Mayor ; 2. Marshal; 3. Re¬ 
corder ; 4. City Attorney ; 5. Treasurer ; 6. Assessor ; 7. 
Collector. (In the city of the fourth class only the first two 
are elective ; there is no recorder nor assessor in that class.) 

56. The Mayor appoints a Street Commissioner and such 
other officers as he may be authorized by ordinance to ap¬ 
point. 

57. The city is divided into not less than four wards, 
and two councilmen are elected from each ward. A city 
of the fourth class may be divided into two wards ; thus 
there may be only four members in the Board of Aldermen, 
but there can not be less than eight in a Council. 

58. The qualifications of mayor are the same in both 
classes, but a councilman must be twenty-jive years old, 
while an alderman may be only twenty-one. 

59. The Council of a city of the third class is vested 
with more power than the Board of Aldermen of a city of 
the fourth class. 

60. Comparison of Cities of the Second and First 
Classes. 

The executive officer in each is the Mayor. The quali¬ 
fications prescribed for Mayor in the two classes are dif- 


VILLAGES, TOWNS, AND CITIES. 


303 


ferent from each other, and different from the qualifications 
prescribed for Mayor in the two lower classes of cities. 
These differences must be regarded as mere accidents of 
legislation, and not based on any reason. To illustrate, the 
Mayor of a third-class city must be thirty years of age, 
while the Mayor of a second (and higher) class may be only 
twenty-one years of age. In the third class he must have 
resided in the city for five years before election ; in the 
second, one year. 

61. The Legislative Body is called : 

Second-class City. First-class City. 

“ The Common Council.” “ Municipal Assembly.” 

62. Elective Officers : 

First Class. 

1. Mayor. 

2. Comptroller. 

3. Register. 

4. Auditor. 

5. Treasurer. 

C. Collector. 

7. Recorder of Deeds. 

8. Inspector of Weights and Meas¬ 
ures. 

9. Sheriff. 

10. Coroner. 

11. Marshal. 

12. Public Administrator. 

13. President of Board of Assessors. 

14. President of Board of Public 
Improvement. 

63. Appointive Officers : 

Second Class. First Class. 

1. City Clerk. 1. Recorder of Votes. 

2. City Engineer. 2. City Counselor. 


Second Class. 

1. Mayor. 

2. City Recorder. 

3. City Attorney. 

4. City Auditor. 

5. City Treasurer. 


304 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


First Class. 

3. District Assessors. 

4. Superintendent of Workhouse. 

5. Superintendent of House of 
Refuge. 

G. Superintendent of Fire and Po¬ 
lice Telegraph. 

7. Commissioner of Supplies. 

8. Assessor of Water-Rates. 

9. Two Police Justices. 

10. Attorney. 

11. Jailer. 

12. Five Commissioners on Charita¬ 
ble Institutions. 

13. Five Commissioners on streets, 
sewers, water-supply, har¬ 
bor and wharf. 

14. A Gas Commissioner, when the 
city owns gas-works. 

64. Tenure of Office : 

Mayor and Council , or Assembly. 

Second Class. First Class. 

Two years. Four years (except for Lower House, 

two years). 

Of other Officers. 

One year. Four years. 

65. The Municipal Assembly is divided into two Houses, 
called the “Council” and the “House of Delegates.” The 
Council consists of thirteen members, whose tenure is four 
years. Six are elected at one general election, and seven 
at the general election two years thereafter. The House of 
Delegates consists of one member from each ward, whose 
tenure is two years. 

66. The division of the Municipal Assembly into two 


Second Class. 

3. City Assessor. 

4. City Counselor. 

5. City Comptroller. 


COUNTIES. 


305 


Houses, the election of half of the members of the Council 
and all the members of the House of Delegates every two 
years, exactly corresponds with the division of the General 
Assembly into Senate and House of Representatives, and to 
the tenure and times of electing the members thereof. 

67. The methods of legislation in the Municipal Assem¬ 
bly, the processes by which an ordinance is passed, is signed 
or vetoed by the Mayor, and passed over the veto, or is 
lost, are exact representations of legislation by the General 
Assembly, as prescribed by the Constitution. The methods 
in the Common Council (city of the second class) are also 
very similar. 

68. In a city of the first class there are more officers 
than there are State officers proper. There are more sub¬ 
jects of legislation than are presented for the consideration 
of the General Assembly. Higher salaries are paid officers 
than are paid to State officers. 


CHAPTER XII. 

COUNTIES. 

1. The county is the highest political organization 
under the State. All other municipal corporations are con¬ 
sidered with reference to the county in which they are 
situated, and to which they belong. The authority of the 
State reaches all other corporations through the county. 

2. While the subordinate corporations are distinct po¬ 
litical organizations, recognized by statute as such, and 
having each a separate and distinct law given by the Legis¬ 
lature for its guidance and control, the operation of the 
State government or authority upon them is always through 
the county—unless we except occasions when the State uses 




306 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


her military power directly upon an insubordinate and law¬ 
less community. 

3. Taxes for the support of the State government are 
collected and paid to the State by county officers. Coun¬ 
ties are represented singly in the Lower House of the Leg¬ 
islature of the State, and by fixed numbers in the Upper 
House ; but no other political division has the privilege of 
representation in the General Assembly. The State gov¬ 
ernment, as to its legislative department (the source of all 
statutory power), is the co-operation of counties. Thus, in 
a sense, counties are law-makers for the State. Xo other 
municipal corporation can make laws, or participate in the 
making of laws, for any one not a member thereof, or with¬ 
out the limits of its territorial jurisdiction. The counties, 
collectively, govern—that is, administer the authority of 
the State upon—the individual counties and all subordinate 
divisions of the State, and, through these, the citizen. 

4. There seems to be an exception to this order or sys¬ 
tem in the case of the city of St. Louis, which is repre¬ 
sented directly, and as a political corporation, in the State 
Legislature ; which collects State taxes and pays them di¬ 
rectly to the State Treasury, and which fulfills all the legal 
functions of a county. Bu t the city of St. Louis is, in fact, 
one of the counties of the State in all except name. In 
section 23 of Article IX of the State Constitution this lan¬ 
guage is used : “ The city, as enlarged, shall be entitled to 
the same representation in the General Assembly, collect 
the State revenue, and perform all other functions in rela¬ 
tion to the State, in the same manner as if it were a county 
as in this Constitution defined.” 

5. A judicial district, as a rule, embraces several coun¬ 
ties, yet the circuit court is not known as the court of a 
district, but as “ the circuit court of the county.” Juries 
—grand and petit—are “ drawn within and for the body 
of a county.” The votes cast for candidates for circuit 


COUNTIES. 


307 


judge are not returned as the votes of the district (or cir¬ 
cuit) to district officers, for there are none, but as the votes 
of each county composing the circuit, to the county officers. 
The existence and importance of the county is kept con¬ 
stantly and always in view, as the predominant political 
division or corporation. An appeal may be taken, in cer¬ 
tain cases, from the decisions or acts of the lower corpora¬ 
tions to the “ Circuit Court of the county ”—as in the case 
of the damages a board of aldermen are willing to allow 
one whose property is taken or injured in the openftig of 
streets, etc. 

6. When a school district lies in two or more counties, 
the taxes deemed necessary to support its school, and in¬ 
cluded in the “estimates” of its officers, are levied and 
collected by the officers of each county upon the property 
of that part of such district which lies in their respective 
counties. 

7. When the whole j^eople of the State would exercise 
their power and change the organic law, they do so, some¬ 
times, through a convention, whose delegates are elected 
by counties. Thus the people themselves, who hold the 
ultimate and supreme power, are represented by counties 
until they are called upon to ratify or reject the work of 
the convention. 

8. There are one hundred and fourteen counties and 
one city, that stands in the relation of a county, in the 
State. Their boundaries are fixed, and are minutely de¬ 
scribed in chapter 94 of the Revised Statutes of 1879, page 

1015. 

9. No change can be made in these boundary-lines, nor 
can a new county be created except in the manner pre¬ 
scribed by law. The Legislature used to create new coun¬ 
ties at will ; but under Article IN o*f the Constitution new 
counties can not be created nor old counties changed or re¬ 
duced without the consent of the counties themselves. 


308 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


10. The method of forming a new county or changing 
boundary-lines is by the following steps : 

1. Written petition of one hundred legal voters of the 
county to the county court. 

2. Order of county court submitting the proposition to 
the voters at the next general election. 

3. Publication of such order in a newspaper of the 
county for four weeks preceding election, or in a newspaper 
of an adjoining county if there be none in the county in¬ 
terested. 

4. If a majority of the votes cast be in favor of the 
proposition, the county clerk certifies the result to the 
Secretary of State. He also certifies two copies of the 
order of the court, of the publication of the order, and of 
the affidavit of the publisher, that the order was published 
in certain issues of his paper and according to law. 

5. The Secretary of State transmits a copy of each, to¬ 
gether with the certificate of the county clerk, to the Senate 
or House of Representatives. 

6. The General Assembly then creates the new county, 
or refuses to do so. 

11. When a new county is formed, the General Assem¬ 
bly selects three commissioners, not resident of the county 
nor owning any real estate in it, to select and purchase, or 
receive as a donation, land for a county-seat. 

12. The Governor appoints three suitable persons to act 
as judges of the county court, one probate judge, a sheriff, 
a county collector, a county treasurer, a prosecuting attor¬ 
ney, a county surveyor, and a coroner. The circuit court 
and the county court in a new county each appoints its own 
clerk. The county court appoints justices of the peace and 
constables for each municipal township in the county. 

13. All these appointees must be residents of the county, 
and they hold their offices until the next general election, 
and until their successors are elected and qualified. These, 


COUNTIES. 


309 


a representative, the assessor, and in some instances a re¬ 
corder of deeds, constitute the elective officers of a county. 

14. In a new county the county court appoints a “ com¬ 
missioner of the county-seat.” It is his duty to dispose of 
the land donated to, or purchased by, the new county, ex¬ 
cept so much as may be reserved by the court for county 
buildings, on the terms prescribed by the court, and to 
make deeds therefor. 

15. No county-seat can be removed unless by a two- 
thirds vote of all those voting on the proposition, and, if the 
proposition to move it is defeated, it can not be again 
submitted for five years. 

16. Each county is divided into two districts of contigu¬ 
ous territory of as nearly an equal population as can be had 
without dividing municipal townships, and from each dis¬ 
trict a county judge is elected every two years, at a general 
election. One judge is elected by both districts, as the pre¬ 
siding judge of the county court. 

17. The county court controls and manages all county 
property, and buys or sells real estate as the needs of the 
county demand. It has control of the county finances, and 
directs the levy of taxes for county purposes ; it sits with 
the county clerk, surveyor, and assessor as a board of equali¬ 
zation to adjust the assessment of property for taxation, and 
to reduce such assessment, on appeal, if the valuation placed 
upon it by the assessor seems to be too high ; it authorizes 
the opening of new public roads or the widening or chang¬ 
ing of old roads, and determines the width of such roads ; 
it is the custodian and manager of the school funds of the 
county ; it makes settlements with the county collector and 
county treasurer, and examines into the accounts of the 
treasurer ; it is the custodian of the bonds given by county 
officers ; it exercises a general supervision over all county 
officers, agents, or servants ; and, in short, is the overseer 
and superintendent of all county interests. 


310 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


18. The probate court consists of one judge. Its juris¬ 
diction is defined by section 1176 of the Revised Statutes, 
as follows : “ Said court shall have jurisdiction over all mat¬ 
ters pertaining to probate business, to granting letters tes¬ 
tamentary and of administration, the appointment of guard¬ 
ians and curators of minors and persons of unsound mind, 
settling the accounts of executors, administrators, and guard¬ 
ians, and the sale or leasing of lands by administrators, 
curators, and guardians, and over all matters relating to 
apprentices ; and such judges shall have the power to sol¬ 
emnize marriages.” 

19. The probate judge is a conservator of the peace, 
and may issue such writs as may be necessary in the exer¬ 
cise of the jurisdiction of his court. He may let to bail any 
one indicted in his county for a bailable offense. He may 
enforce obedience to all the orders, rules, judgments, and 
decrees of his court, may punish for contempt of his court 
or its processes, and may fine and imprison offenders, as 
circuit courts do. 

20. The sheriff of a county is empowered to quell all 
disturbances, disperse mobs, arrest all violent and lawless 
characters, commit to jail all persons violating law in his 
presence, or cause them to enter into a recognizance to keep 
the peace, and to appear before the circuit court at its next 
session. He is required to quell and suppress assaults and 
batteries, riots, routs, affrays, and insurrections, and to ap¬ 
prehend and commit to jail all felons and traitors, to exe¬ 
cute all processes directed to him by legal authority, to 
attend upon all courts of record at every term, and to fur¬ 
nish writing material, supplies, etc., to such courts. He is 
the officer to whom writs of election, writs of arrest, etc., 
from the Governor are directed. In brief, he is the chief 
peace officer of the county and State. In some instances 
the sheriff is also the collector of the revenue. 

21. The county surveyor is also ex officio “road com- 


MISCELLANY. 


311 


missioner ” ; the coroner acts as sheriff when there is a 
• vacancy in that office. Circuit clerks are ex officio record¬ 
ers of deeds. Sometimes the offices of county clerk and re¬ 
corder of deeds are combined. The duties of other county 
officers are suggested by the names of their offices. 

22. In counties of ten thousand inhabitants the county 
court may separate the offices of circuit clerk and recorder 
of deeds. In counties in which the assessed valuation of 
property exceeds fifteen million dollars, the offices of county 
clerk and recorder of deeds can not he combined. 

23. County officers are elective at the general elections 
when State officers are elected (in November). The officers 
of all other municipal corporations are elective on the first 
Tuesday in April. 


CHAPTER XIII. 

MISCELLANY. 

1. In every human relation in which personal rights are 
involved, or life could he jeopardized, there is need of the 
protection of government. Individual prosperity, the hap¬ 
piness of families, the peace of society, the preservation of 
morals, and the protection of the innocent and helpless, de¬ 
pend upon it. If these personal rights are left unprotected, 
except by the individual, human life would always and 
everywhere be in jeopardy. 

2. Hence we have laws upon a great variety of subjects. 
There are seven or eight hundred general titles of laws in 
the two volumes of the statutes. We can not study all 
these laws, nor is there a necessity of becoming familiar 
with them till our business or our situation renders it neces¬ 
sary for us to acquire the knowledge. 

3. But we must have an appreciation of the necessity for 




312 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


these laws, and a knowledge of the machinery by which they 
are applied. Numerous as are the subjects of legislation 
and the laws which govern a State, all authority, for every 
purpose, is administered through certain channels. The 
merchant is under one law and the manufacturer under 
another ; but both are subject to the same officers, and 
both must look to the same court, or courts, for the pro¬ 
tection and maintenance of their rights. 

4. The whole machinery of government is fully pre¬ 
sented in the foregoing chapters. There is not a relation 
sustained by the citizen, there is not an obligation imposed 
by government, a duty performed or privilege enjoyed, 
which does not fall within the sphere or jurisdiction of one 
of the political divisions which we have discussed. All 
power is exercised by one or the other of the political cor¬ 
porations as the representative of the State ; and every 
stretch of authority by officers, or injustice suffered, may 
be redressed in one of the courts. 

5. A knowledge of the objects, necessity, and frame¬ 
work of government is essential to success and safety, and 
the more familiar with it we become the more interesting 
does it appear. 

6. There are a few institutions directly under the con¬ 
trol and patronage of the State, which we have merely 
mentioned, and to which it is well to allude again. These 
are of two kinds —educational and eleemosynary. 

7. The educational institutions are— 

1. The State University, with seven departments, in¬ 
cluding the normal. 

2. Three normal schools for whites. 

3. One normal school for colored persons. 

4. One institution for the education of the blind ; and, 

5. One for the education of the deaf and dumb. 

8. The eleemosynary are— 

1. Two lunatic asylums. 


MISCELLANY. 


313 


2. The institutions above named for the education of 
the blind and the deaf and dumb. 

9. The university has a small endowment—the “ seminary 
fund”—held in trust by the State, and the “agricultural 
college fund,” in custody of its curators, which belongs to 
the agricultural college department of the institution. The 
Legislature appropriates a part of the annual revenue of 
the State for its support, and the students pay incidental 
fees. The university is controlled by nine curators, who 
are appointed by the Governor. 

10. The normal schools are supported by legislative 
appropriations and the fees paid by the students. The 
three for whites have each a board of seven regents, six of 
whom are appointed by the Governor, the Superintendent 
of Public Schools being, ex officio , the seventh member. 
The normal school for colored persons is controlled by a 
board of nine trustees. The Governor and Superintendent 
of Public Schools are ex-officio members. With these ex¬ 
ceptions the board is self-perpetuating—that is, when a 
member’s term expires, the board fills the vacancy. 

11. These schools are regarded as a necessary feature 
of the public-school system, or of a system of public edu¬ 
cation w r hich the Constitution declares lies at the base of 
civil liberty ; and hence these schools are a part of the 
civil or political system of the State. The university is 
recognized by the Constitution. 

12. The institution for the education of the blind is 
controlled by seven trustees, appointed by the Governor. 
The one for the education of the deaf and dumb is in 
charge of five commissioners, appointed by the Governor. 
Both institutions are supported by legislative appropria¬ 
tions. 

13. The lunatic asylums have each a board of managers, 
nine in number, appointed by the Governor. They are 
sustained by appropriations by the Legislature. 

11 


314 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


All of tlie appointments above mentioned must be con¬ 
firmed by the Senate. 

14. All officers of the State, civil and military, are re¬ 
quired to take an oath to obey the Constitution of the 
United States and of the State before entering upon the 
discharge of their duties. Generally the requirement is 
stated in connection with the law providing for election or 
appointment. Sometimes it is not mentioned, but section 
6, Article XIV of the Constitution, makes it always neces¬ 
sary. 

15. Many officers are required to give bonds for the 
faithful performance of their duties. The bond of the 
State Treasurer is for $500,000 ; of the State Auditor, $50,- 
000; of the Warden of the Penitentiary, $40,000; of the 
Secretary of State, Register of Lands, and Superintendent 
of Public Schools, each $10,000. Other officers’ bonds are 
variable in amount, determined by the courts which must 
approve them. The sheriff’s bond can not be for less than 
$5,000, and is never required to be for more than $50,000. 
The amount of bond required of a recorder of deeds is not 
less than $1,500 nor more than $20,000. Bonds are required 
of those who handle or control public moneys, or who man¬ 
age estates and trusts, such as guardians or administrators. 

16. In describing the political divisions of the State, no 
mention was made of electoral districts. They were*not 
mentioned because they are identical with congressional 
districts. The State chooses electors for President and 
Vice-President by districts, which are therefore called elec¬ 
toral districts ; and by statute each congressional district 
is made an electoral district. 

17. Election districts are divisions of a county by terri¬ 
tory, according to population, for the convenience of voting. 
These divisions are made by the county court. Election 
precincts are the polling or voting places fixed by the court. 


REVIEW QUESTIONS. 


315 


CHAPTER XIV. 

REVIEW QUESTIONS. 

CHAPTER YI. 

1. In its broadest sense, what does the term “ State officers” embrace? 

(I-) 

2. The term is used in contradistinction to what other term? (1.) 

3. In what other sense, not so broad, is the expression used, and what 
officers would be included in this meaning? (2.) 

4. Is it technically right to speak of these as “ State” officers ? (2.) 

5. What classes of officers are recognized by the Constitution ? (3.) 

6. In the sense of not being either a municipal or county officer, what 

officers may be considered State officers ? (3.) 

7. What is the most restricted and popular sense in which the expres¬ 
sion “ State officers ” is used ? (4.) 

8. Name the elective State officers. How many are there ? (5.) 

9. Name the appointive State officers. How many of them are there, 

supposing there is only one tobacco inspector and one oil inspector ? (5.) 

10. What State officers, besides those of the executive and judicial de¬ 
partments, are elected by the people ? (6.) 

11. What power has the Legislature over this question and over these 
officers? (6.) 

12. What is the chief difference between executive officers and other 
State officers ? (7.) 

13. State in your own language the difference between executive and 
other State officers in their relations to the people and the Legislature. (8.) 

14. When and for what term is the Register of Lands elected ? (9.) 

What salary does he receive? (9.) 

15. How many Railroad Commissioners are there? What is their offi¬ 
cial tenure ? How are they elected ? (10.) 

16. Where are the offices of Register of Lands and Railroad Commis¬ 
sioners kept? (11.) 

17. Who appoints the other State officers ? (12.) 

18. What is said about the anomalous position of the Adjutant-Gen¬ 
eral ? (13.) 

19. Of what may this be suggestive ? (13.) 

20. What is said of the appointment and removal of the Adjutant- 

General ? (14.) 

21. What officers are appointed with the consent of the Senate? (15.) 



316 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


22. What steps, therefore, must the Governor take after removing one 
of these? (15.) 

23. Where are the offices of Adjutant-General and Warden kept ? Of 
the Superintendent of the Insurance Department ? Of the Fish Commis¬ 
sioners? (16.) 

24. Where do we find a statement of nearly all of the Governor’s du¬ 
ties? (17.) 

25. Why the difference in this inspect between the Governor and other 

executive officers ? (17.) 

26. Of whom is the Governor independeut? What is the exception? 
(18.) 

27. What are some of the ex-officio duties of the Governor? (19, 23.) 

28. What are the duties of the Inspectors of the Penitentiary and of 

the Fund Commissioners ? (20.) 

29. Who are the Fund Commissioners? (21.) 

30. Who are the Inspectors of the Penitentiary ? (22.) 

31. What State officers appoint the Commissioner of the Permanent 

Seat of Government, and have a general superintending control over the 
Capitol and grounds ? (23.) 

32. Who constitute the commission on public printing ? What are the 

duties of the commission ? (24.) 

33. What are the duties of the Attorney-General ? (25.) 

34. What are the duties of the Secretary of State ? (26.) 

35. What are private individuals required to do before they are entitled 

to certified copies of records ? (26.) ^ 

36. What are the duties of the Superintendent of Public Schools ? (27.) 

37. What are the duties of the Register of Lands ? (28.) 

38. What are the duties of the Railroad Commissioners ? (29.) 

39. What are the duties of the Warden of the Penitentiary? (30.) 

40. What are the duties of the Adjutant-General ? (31.) 

41. What is the duty of the Superintendent of the Insurance Depart¬ 
ment ? (32.) 

42. What is the duty of the Fish Commissioners’? (33.) 

43. What are the duties of the Commissioner of the Permanent Seat 

of Government ? (34.) 

44. What is said of “ war claims ” ? (35.) 

45. How is the agent appointed to collect them to be compensated ? 
(35.) 

46. now are inspectors of tobacco and of coal-oil paid for their ser¬ 
vices ? (36.) 

47. For what purpose is tobacco inspected ? (38.) 


REVIEW QUESTIONS. 


317 


48. For what purpose is coal-oil inspected ? (36.) 

49. What are inspectors required to do with packages after they have 

been inspected ? (36.) 

50. When is the sale of coal-oil as burning-fluid forbidden ? (36.) 

CHAPTER VII. 

51. What necessity is there for fixed limits or boundaries of land ? 

(i.) 

52. What authority may establish a basis on which to fix boundary¬ 
lines of different tracts of land ? (2.) 

53. Why can not some authority less than the State do this? (2.) 

54. What do individual interests and personal rights demand as to divis¬ 
ion of territory ? (3.) 

55. What other reason is there for territorial divisions of the State ? (4.) 

56. Is a pure democracy possible ? (4.) 

57. What has this question to do with the question of territorial divis¬ 
ions ? (4.) 

68. What number of local officers must be appointed ? (5.) 

59. What is necessary to prevent conflicts of authority ? (5.) 

60. What would be the effect of such conflict ? (5.) 

61. Is territorial division anything more than a mere convenience ? (6.) 

62. IIow does the State get a starting-point for the measurement of 
areas ? (7, 8.) 

63. What are the territorial divisions of the State which are laid off by 

the United States Government called ? (9.) 

64. What other territorial division is there ? (9.) 

65. What are “ base-lines ” and “ principal meridians ” ? (10.) 

66. What are “township” and “range” lines? (11, 12.) 

67. What are the square areas included between township and range 

lines called ? (14.) 

68. What are “ sections” ? (15.) 

69. In what direction are townships and ranges numbered ? (16.) 

70. How far is township 48 from the “ base-line ” ? (18.) 

71. Where is the base-line from which townships in Missouri are num¬ 
bered ? (18.) 

72. Range 24, west, is how far from the principal meridian ? (18.) 

73. What is the meridian in Missouri, and what is its location ? (19.) 

74. Where are the third and fourth principal meridians ? Where the 

sixth ? (20.) 

75. How are sections numbered ? (21.) 

76. How many acres in a section ? (22.) 


318 


TEE CIVIL SYSTEM OF MISSOURI, 1881. 


77. Look at the diagram of a section—map 1—and describe the north 
half of k —the north one fourth of j. 

78. Are congressional townships always square areas ? (24.) Explain. 

79. What are “ standard lines ” ? (25.) What other name for them ? 

( 25> ) 

80. What is meant by “ closing up,” and how is it done ? (25.) 

81. What are “ lots,” in surveys ? (25.) 

82. Make a diagram to illustrate answers to questions 78, 79, 81. 

83. To what does the expression “ territorial division ” refer, exclu¬ 
sively ? (26.) 

84. Then why is a county so classed ? (26.) 

85. Which is the largest territorial division ? (27.) 

86. Eow is it bounded ? (27.) 


charter yin. 

87. What are “ political divisions ” ? (1.) 

88. Eow many such divisions in the State ? Name them. (2.) 

89. Into how many classes are these divided ? Name them. (3.) 

90. Name the political divisions belonging to each class. (4, 5.) 

91. What is a corporation ? (6.) 

92. "What is a municipal township ? (8.) 

93. Who “lays them off” ? (8). Who must be notified of changes in 

them? (8.) 

94. May a township be divided informing districts for election of county 
judges? (9.) 

95. What are election districts ? (10.) 

96. IIow are justices of the peace elected ? (11.) 

97. May the boundary-line of a township run through a town or the com¬ 
mon-fields attached thereto ? (12.) What is the exception ? (Note.) What 
is the precise meaning of the law ? (Note.) 

98. .State the difference between congressional and municipal town¬ 
ships. (14.) 

99. May either lie in two or more counties ? (15.) 

100. State the object or purpose of these divisions. (16.) 

101. Which is never and which is always a political division? (16.) 

102. What is a representative district ? Who forms it? (18.) State 
further what you can about these districts. (18.) 

103. State what you can about senatorial districts. (19.) Who forms 
them ? Eow many are there ? 

104. When may certain State officers (name them) divide the State into 

senatorial districts ? (20.) 


REVIEW QUESTIONS. 


319 


105. May a county be divided between senatorial districts which em¬ 
brace other counties ? (20.) 

106. When a county is entitled to more than one Senator, who divides 
it, and how? (21.) 

107. How are judicial circuits formed ? (22.) 

108. How many are there now ? (22.) 

109. When, by whom, and how are congressional districts formed ? (23.) 

110. For what purpose arc congressional districts sometimes changed? 

(24.) What is this called ? (24.) 

111. What fact connected with congressional apportionment may lead 
the Governor to call an extra session of the General Assembly in 1882 ? 
(25.) 

CHAPTER IX. 

112. Define “ corporation.” (1.) 

113. Explain the difference between corporate and individual or per¬ 
sonal liability. (2.) 

114. Give another illustration. (3.) 

115. When only may an association be said to be a corporation ? (4.) 

116. To incorporate is to do what ? (4.) 

117. What general classes of corporations are there? (5.) 

118. Name the subdivisions of private corporations. (5.) 

119. Name those of the other class. (6.) 

120. How is the expression “ public corporations ” used, and with what 

is it interchangeable ? (6, note.) 

121. What is the meaning of the division of private corporations into 

seven classes ? Arc there only seven kinds of these corporations ? (7.) 

122. What steps are necessary to secure incorporation ? (8.) 

123. Name as many of the specifications the charter must set forth as 
you can. (8.) 

124. What associations may incorporate without the payment of an in- 

coi’poration tax ? (8.) 

125. What is the evidence of the existence and date of commencement 

of a corporation ? (9.) 

126. What are the distinctive powers conferred upon a corporation? 

( 10 .) 

127. What is the meaning of succession? Explain fully. (11.) 

128. Is this right enjoyed by individuals ? Could it be ? (11.) 

129. How long does succession continue ? (12.) 

130. How much property may a corporation own? (13.) 

131. When do changes of names of corporations or number of directors 
take effect? (14.) 


320 


TIIE CIVIL SYSTEM OF MISSOURI, 1881. 


132. What kind of business, only, may a private corporation engage 

in? (15.) Are individuals so restricted ? (15.) 

133. Can public corporations engage in any business ? (15.) 

134. Is there any similarity between private and public corporations as 

to purposes or objects ? (16.) Name the objects of each. 

135. State further the features of difference, as contrasted in sections 
17-20. 

136. In addition to the filing of articles of association with the Secretary 
of State, what else is required of certain classes of private corporations ? (21.) 

137. What further is required of religious, scientific, educational, benev¬ 
olent, and miscellaneous associations ? (22.) 

138. How many names are required as incorporators ? (23.) 

139. How many directors or trustees must these corporations have ? (24.) 

140. What is the meaning of municipal? (25.) 

141. What, then, is a “municipal corporation”? (25.) 

142. What does the power to make laws imply? (25.) 

143. What are the differences between political divisions which are not 

and those which are municipal corporations ? (26.) 

144. What is the condition of a municipal township as a simple political 
division? (27.) 

145. IIow may this condition be changed ? (27.) 

146. What results are attained by “ township organization ” ? (28.) 

CHAPTER X. 

147. What declaration does the State make in reference to free schools? 

no 

148. To whom are the officers of a school district responsible for the dis¬ 
charge of the duties enjoined by law ? (2.) Illustrate. 

149. What would be the duty of directors should the people vote to have 
no school? (2 ) 

150. What requirement does the State make of a school district ? What 
privileges does she grant, and what powers confer? (3.) 

151. What is the rank of a school district as a corporation ? (4.) Why ? 

152. What is said of the form of area of a school district ? (5.) What 
do the illustrations of map 1 show as to the two districts given ? (5, 6.) 

153. Name some of the causes of the irregularity of districts. (7.) 

154. Our duties to school districts are what sort of obligations? (9.) 

155. What powers may a district exercise 'which are not conferred upon 

its directors ? (10,12.) 

156. What limit is put on the district’s power to increase the rate of 
tax-levy? (10.) 


REVIEW QUESTIONS. 


32J 


157. What restrictions are placed on the power to chancre boundary, 
.ines? (10.) 

158. What is the prescribed process for change of boundaries ? (11.) 

159. What power above mentioned may not be exercised at a special or 

called meeting ? (12.) 

160. Can the people control the directors in the exercise of the powers 

conferred by law on these officers ? (13.) 

161. Over what matters may the directors exercise no control? (13.) 

162. How do districts exercise powers indirectly ? How do we speak 

of these indirect powers ? (14.) 

163. Why is it important to elect discreet men as directors ? (14.) 

164. Public free schools are a part of what system? (15.) 

165. Should every citizen participate in the management of his district 
school? (15.) Why? 

166. How long are schools maintained by legal requirement ? (16.) 

167. To what amount of tax-levy are directors limited? (16.) 

168. Name as many of the duties of directors as you can. (16.) 

169. Who select the text-books to be used in a county? (16.) 

170. What is the twofold relation of the citizen to the school district ? 
(18.) 

171. What only may a school district exact of a citizen ? (19.) Can it 

punish? (19.) 

172. How may central schools be established ? (20.) 

173. What is the limit of tax for the maintenance of central schools ? 

( 20 .) 

174. Of what two corporations may it be said that through them every 

citizen comes in contact with the State government ? (21.) 

CHAPTER XI. 

175. In what order are municipal corporations treated in this book ? 

(1.) What is the reason for the order adopted ? (1.) 

176. State the order of such corporations, from the lowest to the high¬ 
est. (2.) 

177. Is a village necessarily a corporation? Is a school district neces¬ 
sarily a corporation? (3.) 

178. What is the current meaning of the terms “village ” and “ town” ? 

( 4 .) 

179. What is the definition of a village in the statutes ? (5.) 

180. What is the difference between an incorporated and an unincor¬ 
porated village ? (5.) 

181. How may a village become incorporated ? (6.) 


322 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


182. In whom are corporate powers vested ? (7.) 

183. How many trustees are there (7), and what qualifications must 

they possess ? (8.) 

184. What oath do trustees take ? (9.) Who may act as a justice of 

the peace ? (10.) 

185. When are trustees elected ? (11.) Who appoints the first board ? 

( 11 .) 

186. What power has the board over the expulsion of members ? (12.) 

187. What is said about a similar provision in reference to a member 

of the Legislature ? (13.) 

188. What sort of appeal can be made by an expelled trustee against 

the decision of the board ? (14.) 

189. What does the re-election of an expelled member signify? (14.) 

190. What is the tenure of office of a trustee? (15.) 

191. What constitutes a quorum of the board? (16.) 

192. Name the other village officers. (17.) 

193. What is the object and the necessity of incorporating a village? 
(18, 19.) 

194. State as many of the powers conferred upon a board of trustees, 
by section 5010 of the revised statutes, as you can. (20.) 

195. How are tax-levies enforced ? (21.) 

196. What responsibility has the collector, and what power when he 
seizes and sells property? (22.) 

197. When can he seize without previous notice, and why ? (22.) 

198. What power may be exercised to enforce payment of fines and 

penalties, and by whom ? (23.) 

199. How may property sold for taxes be recovered? (24.) 

200. How are suits for collection of fines and penalties brought ? 

What right has the defendant ? (25.) 

201. How is the name of an incorporated village changed (26), and 
what effect does the change have upon any rights accrued under the old 
name ? (27.) 

202. To whom is the petition for change presented ? (28.) 

203. State how disincorporation may be effected, and the effect of dis¬ 
solution. (29, 30.) 

204. Who then becomes the custodian of the corporate property? 

(31.) 

205. May a village be larger than a city ? (33.) 

206. In the classification of the statutes, what are villages ? (35.) 

207. How are cities classed, and how many classes are there ? Define 
each class. (36, 37.) 


REVIEW QUESTIONS. 323 

208. Is a city necessarily incorporated in the class to which it belongs ? 
(38.) 

209. What of the comparative necessity for powers of local legislation 
as between villages and cities, and what is the nature of the difference be¬ 
tween the classes of cities ? (39.) 

210. What powers may a city of the fourth class exercise ? (40.) 

211. Name the officers of such a city, and state how they are chosen. 
(47.) 

212. State the qualifications of mayor and aldermen. (41.) 

213. State as many powers of the board as you can (48), (in addition 
to those exercised by trustees). 

214. What powers has the mayor ? (49.) 

215. In addition to the oath of trustees, what must aldermen swear ? 
(50.) 

216. What must be the style of ordinances ? (51.) 

217. What is said of the comparative powers of rank in cities ? (52.) 

218. What is the legislative body in each of the remaining classes 
called? (54,61.) 

219. What is the executive officer of all cities called ? 

220. Make such comparisons as you can between the classes—including 
number of wards, number and qualification of officers, etc. 

221. How is a “municipal assembly” divided? How are members 

elected, and what other body does it resemble in this respect ? (65, 66.) 

222. What do the methods of legislation in a municipal assembly re¬ 
semble ? (67.) 

223. What comparison is instituted between a city of the first class 
and the State ? (68.) 

CHAPTER XII. 

224. What rank among political corporations does a county hold ? 

( 1 .) 

225. How does the operation of the State’s authority, or power, reach 

other corporations ? (2.) What is the exception ? (2.) 

226. Show the difference between counties and other municipal corpo¬ 
rations in their relations to the State, as to taxes, representation, and law¬ 
making. * (3.) 

227. Is St. Louis city an exception ? (4.) What does section 23 of 

Article IX of the Constitution provide as to this city ? (4.) 

228. What comparisons are made by reference to circuit courts, juries, 
election of judges, and appeals from decisions of lower corporations (5), 
and by reference to the taxes in school districts divided by county lines ? 
( 6 .) 


324 


THE CIVIL SYSTEM OF MISSOURI, 1881. 


229. Are the whole people ever represented through any other corpora¬ 
tion ? (V.) 

230. How many counties are there ? (8.) Where are their boundaries 

described ? (8.) 

231. How may changes of boundaries be made, or new counties be 

formed ? (9.) 

232. Give the steps in the process. (10.) 

233. Who elect the commissioners to select a county-seat for a new 

county, what must be their qualifications, and what are their duties ? (11.) 

234. What officers are appointed for a new county, and by whom ? 

( 12 .) 

235. Where must they reside, and how long do they hold office? (13.) 

236. What other officers are elective in a county? (13.) 

237. What are the duties of a “ commissioner of the county-seat,” and 

who appoints him ? (14.) 

238. How may a county-seat be removed ? (15.) 

239. How is a county divided for the election of judges? (16.) 

240. What are the duties of the county court? (17.) 

241. What is the jurisdiction of a probate court? (18.) 

242. What are the powers of a probate judge? (19.) 

243. What are the duties and powers of the sheriff ? (20.) 

244. What ex-officio position does the county surveyor hold ? Circuit 
clerks? Who acts as sheriff when there is a vacancy? (21.) 

245. What other office is sometimes combined with that of recorder of 
deeds? (21.) 

246. What is said about the separation of the office of recorder of deeds 

from that of circuit clerk or county clerk ? (22.) 

247. When are county officers elective ? When the officers of all other 

municipal corporations ? (23.) 

CHAPTER XIII. 

248. In what relations of life is government necessary? (1.) 

249. What depends upon it ? (1.) 

250. Name some of the relations sustained between human beings. 

251. About how many general titles of laws in the statutes ? (2.) 

252. Is it necessary that we should study or understand all these laws ? 

( 2 ) 

253. What should we appreciate and understand ? (3.) Why ? 

254. Are the political corporations and divisions of the State and the 
courts sufficient to embrace all the relations of the citizen and protect him ? 

(4.) 


REVIEW QUESTIONS. 


325 


255. What two classes of State institutions are again mentioned ? (6.) 

Name those belonging to each class. (7, 8.) 

256. Tell how each is supported and managed. (9-13.) 

257. What are all officers required to do ? (14.) 

258. What else are many required to do ? (14.) 

259. Name the amounts of some of the bonds mentioned. (15.) 

260. Of whom are bonds always required? (15.) 

261. What are electoral districts ? (16.) 

262. What are election districts and election precincts? (17.) 



























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PART IV. 


PROGRESS OF THE UNITED STATES FROM 
THE CONDITION OF COLONIES TO THAT 
OF AN INDEPENDENT GOVERNMENT\ 
1774 TO 1789. 


Chap. I. —Declaration of Rights. 

Analysis. 

II. —Declaration of Independence. 
Analysis. 

III. —Articles of Confederation. 
Analysis. 

IY.—Constitution of the United States. 

Amendments. 

Y.—Review Questions. 






. 

. 












. 









































CHAPTER I. 


DECLARATION OF RIGHTS. 

Whekeas, since the close of the last war, the British Parliament, 
claiming a power of right to bind the people of America by statutes 
in all cases whatsoever, hath, in some acts, expressly imposed taxes 
on them, and in others, under various pretenses, but in fact for the 
purpose of raising a revenue, hath imposed rates and duties payable 
in these Colonies, established a board of commissioners with uncon¬ 
stitutional powers, and extended the jurisdiction of admiralty, not 
only for collecting the said duties, but for the trial of causes merely 
arising within the body of a county; 

And whereas, in consequence of other statutes, judges, who be¬ 
fore held only estates at will in their offices, have been made depend¬ 
ent on the Crown alone for their salaries, and standing armies kept 
in time of peace; and whereas, it has lately been resolved in Parlia¬ 
ment, that, by force of a statute made in the thirty-fifth year of the 
reign of King Henry the Eighth, colonists may be transported to 
England, and tried there upon accusations for treasons, and mis¬ 
prisions or concealments of treasons, committed in the Colonies, 
and by a late statute such trials have been directed in cases therein 
mentioned; 

And whereas, in the last session of Parliament, three statutes 
were made—one entitled an “Act to discontinue, in such manner 
and for such time as are therein mentioned, the Landing and Dis¬ 
charging, Lading or Shipping, of Goods, Wares, and Merchandise at 
the Town and within the Harbor of Boston, in the Province of Mas¬ 
sachusetts Bay, in New England”; and another statute was then 
made, “ for Making more Effectual Provisions for the Government 
of the Province of Quebec,” etc.—all which statutes are impolitic, 



330 


PROGRESS OF THE UNITED STATES. 


unjust, and cruel, as well as unconstitutional, and most dangerous 
and destructive of American rights; 

And whereas, assemblies have been frequently dissolved, con¬ 
trary to the rights of the people, when they attempted to deliber¬ 
ate on grievances; and their dutiful, humble, loyal, and reasonable 
petitions to the Crown for redress have been repeatedly treated 
with contempt by his majesty’s ministers of State; 

The good people of the several Colonies of New Hampshire, 
Massachusetts Bay, Rhode Island and Providence Plantations, Con¬ 
necticut, New York, New Jersey, Pennsylvania, New Castle, Kent 
and Sussex on Delaware, Maryland, Virginia, North Carolina, and 
South Carolina, justly alarmed at these arbitrary proceedings of 
Parliament and Administration, have severally elected, constituted, 
and appointed deputies to meet and sit in General Congress, in the 
city of Philadelphia, in order to obtain such establishment as that 
their religion, laws, and liberties may not be subverted. Where¬ 
upon the deputies so appointed, being now assembled in a full and 
free representation of these Colonies, taking into their most serious 
consideration the best means of attaining the ends aforesaid, do in 
the first place, as Englishmen, their ancestors, in like cases have 
usually done, for affecting and vindicating their rights and liberties, 

DECLARE,- 

That the inhabitants of the English Colonies in North America, 
by the immutable laws of nature, the principles of the English Con¬ 
stitution, and the several charters or compacts, have the following 
rights :— 

Resolved , N. C. D.,* 1. That they are entitled to life, liberty, and 
property; and they have never ceded to any sovereign power what¬ 
ever a right to dispose of either without their consent. 

Resolved , AT. C. D ., 2. That our ancestors, who first settled these 
Colonies, were, at the time of their emigration from the mother- 
country, entitled to all the rights, liberties, and immunities of free 
and natural-born subjects within the realm of England. 

Resolved , N. C. D., 3. That, by such emigration, they by no means 
forfeited, surrendered, or lost any of those rights ; but that they were, 
and their descendants now are, entitled to the exercise and enjoy- 

* October 14, 1774. The letters V. C. D., following the word Resolved, 
mean no one objecting, and make the expression equivalent to “ Resolved 
unanimously.” 


DECLARATION OF RIGHTS. 


331 


ment of all .such of them as their local and other circumstances en¬ 
able them to exercise and enjoy. 

Resolved , 4. That the foundation of English liberty, and of all 
free government, is a right in the people to participate in their legis¬ 
lative council; and as the English colonists are not represented, and 
from their local and other circumstances can not properly be repre¬ 
sented, in the British Parliament, they are entitled to a free and ex¬ 
clusive power of legislation in their several Provincial legislatures, 
where their right of representation can alone be preserved, in all 
cases of taxation and internal polity, subject only to the negative 
of their sovereign, in such manner as has been heretofore used and 
accustomed. But from the necessity of the case, and a regard to 
the natural interests of both countries, we cheerfully consent to the 
operation of such acts of the British Parliament as are bona Jide re¬ 
strained to the regulation of our external commerce, for the pur¬ 
pose of securing the commercial advantages of the whole empire to 
the mother-country, and the commercial benefits of its respective 
members; excluding every idea of taxation, internal or external, for 
raising a revenue on the subjects in America without their consent. 

Resolved , N. G. D., 5. That the respective Colonies are entitled 
to the common law of England, and more especially to the great 
and inestimable privilege of being tried by their peers of the vici¬ 
nage according to the course of that law. 

Resolved , 6 . That they are entitled to the benefit of such of the 
English statutes as existed at the time of their colonization, and 
which they have, by experience, respectively found to be applicable 
to their several local and other circumstances. 

Resolved , N. C. 1 >., 7. That these, his Majesty’s Colonies, are 
likewise entitled to all the immunities and privileges granted and 
confirmed to them by royal charters, or secured by their several 
codes of Provincial laws. 

Resolved , N. G. D., 8. That they have a right peaceably to assem¬ 
ble, consider of their grievances, and petition the king; and that 
all prosecutions, prohibitory proclamations, and commitments for 
the same, are illegal. 

Resolved , N. G. D., 9. That the keeping a standing army in these 
Colonies in times of peace, without the consent of the legislature 
of that Colony in which such army is kept, is against law. 

Resolved , RT. G. D ., 10. It is indispensably necessary to good 


332 


PROGRESS OF THE UNITED STATES. 


government, and rendered essential by the English Constitution, that 
the constituent branches of the Legislature be independent of each 
other; that, therefore, the exercise of legislative power in several 
Colonies by a council, appointed during pleasure by the Crown, is 
unconstitutional, dangerous, and destructive to the freedom of 
American legislation. 

All and each of which the aforesaid deputies, in behalf of them¬ 
selves and their constituents, do claim, demand, and insist on, as 
their indubitable rights, and liberties, which can not be legally taken 
from them, altered, or abridged, by any power whatever, without 
their own consent, by their representatives in their several Pro¬ 
vincial legislatures. 

In the course of our inquiry, we find many infringements and 
violations of the foregoing rights; which, from qn ardent desire that 
harmony and mutual intercourse of affection and interest may be 
restored, we pass over for the present, and proceed to state such 
acts and measures as have been adopted since the last war, which 
demonstrate a system formed to enslave America. 

Resolved , AT. GD ., That the following acts of Parliament are in¬ 
fringements and violations of the rights of the colonists; and that 
the repeal of them is essentially necessary—in order to restore har¬ 
mony between Great Britain and the American Colonies ; viz.:— 

The several acts of 4 Geo. Ill, ch. 15 and ch. 34, 5 Geo. Ill, ch. 
25, 6 Geo. Ill, ch. 52, 7 Geo. Ill, ch. 41 and ch. 46, 8 Geo. Ill, ch. 
22, which impose duties for the purpose of raising a revenue in 
America, extend the power of the admiralty courts beyond their 
ancient limits, deprive the American subject of trial by jury, author¬ 
ize the judges’ certificate to indemnify the prosecutor from damages 
that he might otherwise be liable to, requiring oppressive security 
from a claimant of ships and goods seized before he shall be allowed 
to defend his property, and are subversive of American rights. 

Also 12 Geo. Ill, ch. 24, entitled “An Act for the Better Secur¬ 
ing his Majesty’s Dock-Yards, Magazines, Ships, Ammunition, and 
Stores,” which declares a new offense in America, and deprives the 
American subject of a constitutional trial by jury of the vicinage, 
by authorizing the trial of any person charged with the committing 
any offense described in the said act, out of the realm, to be in¬ 
dicted and tried for the same in any shire or county within the 
realm. 


DECLARATION OF RIGHTS. 


333 


Also the three acts passed in the last session of Parliament, for 
stopping the port and blocking np the harbor of Boston, for altering 
the charter and government of Massachusetts Bay, and that which 
is entitled “ An Act for the Better Administration of Justice,” etc. 

Also the act passed in the same session for establishing the Ro¬ 
man Catholic religion in the Province of Quebec; abolishing the 
equitable system of English laws, and erecting a tyranny there, to 
the great danger (from so total a dissimilarity of religion, law, and 
government) of the neighboring British Colonies, by the assistance 
of whose blood and treasure the said country was conquered from 
France. 

Also the act passed in the same session, for the better providing 
suitable quarters for officers and soldiers in his Majesty’s service in 
North America. 

Also that the keeping a standing army in several of these Colo¬ 
nies in time of peace, without the consent of the Legislature of that 
Colony in which such army is kept, is against law. 

To these grievous acts and measures Americans can not submit; 
but in hopes their fellow-subjects in Great Britain will, on a revis¬ 
ion of them, restore us to that state in which both countries found 
happiness and prosperity, we have, for the present, only resolved to 
pursue the following peaceable measures: 1. To enter into a non¬ 
importation, non-consumption, and non-exportation agreement or 
association; 2. To prepare an address to the people of Great Brit¬ 
ain, and a memorial to the inhabitants of British America; and, 
3. To prepare a loyal address to his Majesty, agreeable to resolu¬ 
tions already entered into. 

ANALYSIS OF THE DECLARATION OF RIGHTS. 

1. The colonies did not seek a separation from the 
mother-country. They did not desire it ; but struggled to 
resist the wrong, and loyally accept the restraints of such 
proper authority as might be imposed upon their British 
brethren. Being British subjects, the colonists justly 
claimed that they were entitled to every right enjoyed by 
their brethren at home, and to such privileges as their situ¬ 
ation rendered necessary to secure them effective govern¬ 
ment and protection. 


334 


PROGRESS OF THE UNITED STATES. 


2. The Declaration of Rights was not made to widen 
the breach which was seen and painfully felt : it was not 
made to exasperate the home government, nor intended as 
a casus belli , in the hoj)e that, the first blow being struck 
by the crown, would justify a resort to arms, and an effort 
at separation. On the contrary, it was an earnest protest 
against wrongs long endured—a solemn warning against 
the result to which a continuance of the injustice would 
certainly lead—an effort to forestall that unwelcome and 
dreaded event, and an appeal to the “native justice and 
magnanimity ” of “ our British brethren ” to restore the 
harmonious relations which the king and parliament had 
disturbed, and “in which both countries found happiness 
and prosperity.” 

3. Step by step the colonies were driven to separation 
from the parent government. Encroachments upon guar¬ 
anteed rights and civil liberty followed each other without 
check from the “ dutiful, humble, loyal, and reasonable pe¬ 
titions to the crown for redress.” These respectful and 
humble petitions were “repeatedly treated with contempt 
by his Majesty’s ministers of state,” until it was found to 
be necessary to accompany the last protest with the warn¬ 
ing, “To these grievous acts and measures Americans can 
not submit,” and to formulate and define those rights which 
the first Continental Congress claimed, demanded , and in¬ 
sisted on. 

4. The rights thus claimed and demanded were not new, 
nor intended to confer any special privileges or prerogatives 
upon the colonists, but were based upon “ the immutable 
laws of nature, the principles of the English Constitution, 
and the several charters or compacts ” by which the colonies 
exercised their civil rights. Thus, it will be observed, they 
were not exacting increased liberty nor extended privileges, 
but insisting on guaranteed rights and protesting against 
robbery. 


DECLARATION OF RIGHTS. 


335 


5. The “ Declaration of Rights,” as to subject matter, 
is susceptible of division into three distinct parts, but in 
arrangement into four parts, no less distinct. Under the 
first head there are— 

1. Charges (including specifications) that inalienable 
rights have been violated. 

2. An enumeration and definition of those rights. 

3. The announcement of the course which the colonies 
have concluded to pursue in vindication of those rights. 

6. The arrangement differs from the foregoing in the 
separation of the charges and specifications, and the inter¬ 
position of the rights involved or infringed ; as follows : 

1. General charges, in the nature of a preamble or 
reason for the grave step that is about to be taken in, 

2. Declaring the rights which it has become necessary 
to “ claim, demand, and insist on.” 

3. Specifications, under the general charges of outrages 
suffered, in the nature of proof, or demonstration of the 
truth of the serious charges made, and justification of, 

4. The extraordinary remedies it has been determined 
to adopt, and the warning that the colonies have in con¬ 
templation still more decided and effective remedies, should 
these prove insufficient “to obtain such establishment as 
that their religion, laws, and liberties may not be sub¬ 
verted.” 

7. This interruption of the statement of charges and 
specifications is an unusual order of arrangement; it is 
a striking peculiarity of this admirable document, wdiich in 
no way weakens its force. Indeed, whether it be an ar¬ 
rangement by chance or intention, it adds materially to its 
force by giving it the nature of the climax : a partial reason 
for the complaint of the withholding of rights claimed, a 

" statement of the rights which lie at the base of the com¬ 
plaint, together with a statement of the principles, or facts, 
on which they are founded (“the immutable laws of nat- 


336 


PROGRESS OF THE UNITED STATES. 


ure, the principles of the English Constitution, and the 
several charters or compacts”), which, if admitted to be 
facts, would be regarded as a justification of the course 
pursued, followed by a fuller statement of the reason, and 
conclusive evidence of the facts alleged in that reason. 

8. Studying the parts of the declaration in the order of 
their arrangement, we learn that the first, second, and third 
charges (introduced by the word whereas) were that the 
claims of the British parliament of arbitrary power over 
the colonies, and the statutes enacted under those claims, 
were “impolitic, unjust, and cruel, as well as unconstitu¬ 
tional, and most dangerous and destructive of American 
rights.” 

9. The fourth charge was directed against the crown 
and the ministers of state for refusing to correct the abuse 
of power by parliament, and for treating the petitions for 
redress with contempt. 

10. In the succeeding paragraph, which introduces the 
declaration proper, the colonies fortified themselves be¬ 
hind the traditions and customs of the English people, in 
this language : we “ do in the first place, as Englishmen, 
our ancestors, in like cases have usually done for effect¬ 
ing and vindicating our rights and liberties.” It was 
then, as now, characteristic of our proud old ancestors to 
be tenacious of English customs, and to reverence the tra¬ 
ditions of the people whose boasted flag “ has braved a 
thousand years the battle and the breeze.” No stronger 
defense of the right to make such a declaration could be 
presented at the bar of public opinion in England. With¬ 
out sinister motive, in all probability—for the gravitv of 
the situation would scarcely admit of the shrewd schemes 
of the politician—this was an argumentum ad hotninem. 

11. TV hatever force this method of defense, or justifica- 
tion, gained for the cause of the colonies in popular esteem 
was doubtless met by a corresponding weakening of all re- 


DECLARATION OF RIGHTS. ' 337 

maining barriers between the arbitrary and despotic will of 
the king and parliament and the rights to be defended. 

12. The allusion was to the peaceful revolt against ty¬ 
rants and resistance to tyranny by which the English people 
had secured the great bulwarks of English liberty—the in¬ 
estimable benefits of Magna Charta, the Petition of Right, 
and the Bill of Bights , in a. d. 1215 , 1628 , and 1689 , re¬ 
spectively, and in the reigns of John, Charles I, and Will¬ 
iam and Mary. 

13. Such an allusion was not calculated to please either 
the despotic George III, or a no less despotic parliament, 
arrogating to itself as much absolute pow T er over the colo¬ 
nies as former kings had exercised over the whole English 
people. But it was a much more important matter to con¬ 
ciliate “ our British brethren ” at this juncture than to at¬ 
tempt to please the authorities or to avoid their displeasure. 
As already seen, every known expedient had been adopted 
to induce king and parliament to cease their violations of 
the Constitution by encroachments upon the rights of the 
colonies ; and a conflict, if not deemed inevitable, at least 
seemed a dangerous possibility. 

14. The first clause in the declaration proper is a state¬ 
ment of the grounds on which the enumerated rights are 
based. They are— 

1. The immutable laics of nature. 

2 . The principles of the English Constitution. 

3 . The several charters or compacts. 

15. The right first enumerated is based, primarily, on 
the first of these, but finds a guarantee also in the second ; 
the 

Second right is the simple statement of an incontest¬ 
able fact; the 

Third, the statement of a self-evident truth or principle ; 
the 

Fourth first states the unquestioned right of the people, 
15 





338 


PROGRESS OF THE UNITED STATES. 


under the English system, to participate in their legislative 
council, and then gives the reasons for certain privileges of 
legislation guaranteed to them both by the Constitution and 
charters or compacts ; the 

Fifth* rests upon the second ground above given, and 
follows from the proposition in the third enumerated right, 
that our ancestors did not forfeit any of their rights as Eng¬ 
lishmen by emigration ; the 

Sixth rests upon the same grounds, and is a repetition of 
Two and Four ; the 

Seventh is a restatement of the third ground, with the 
addition of “ codes of provincial laws,” which, however, is 
necessarily implied under their charters or compacts (the 
laws were framed in pursuance thereof) ; the 

Eighth rests upon the second, and is derived from the 
Bill of Rights ; the 

Ninth rests upon the same ground, and is derived Rom 
the “Petition of Right” and the “Bill of Rights” ; the 

Tenth, as itself expressly states, is guaranteed by the 
English Constitution. [In speaking of the English Consti¬ 
tution, it should be borne in mind that it is not a formal 
written document, such as the Constitution of the United 
States, but that it includes the well-established powers of 
the British Government as defined and limited by the Mag¬ 
na Charta, the Petition of Right, and the Bill of Rights, 
and the judicial decisions under legislative acts.] 

16 . Part Three is a specific and detailed statement of 
some of the respects in which the rights of the colonies had 
been violated, as generally charged in Part One, and needs 
no extended notice. 

17 . But the statement made, in introducing these speci¬ 
fications, that “ many infringements and violations of the 

* “ The inestimable privilege of being tried by their peers of the vicinage” 
is the present right of “trial by jury,” and it is well to remember that this 
right was derived from the Magna Charta. 


DECLARATION OF INDEPENDENCE. 


339 


foregoing rights . . . we pass over for the present,” is 
worthy of special attention. 

The assigned reason is a desire “to restore harmony,” 
and the statement that mention was made only of those 
outrages “ which demonstrate a system formed to enslave 
America” clearly indicates the reluctance of the colonies 
to enter into any controversy with the mother-country. 

18. Yet they were ready to defend themselves against 
further oppression, and to maintain their rights and liber¬ 
ties ; hence the reserve “for the present ,” and hence, in an¬ 
nouncing their determination, the guarded statement, “ we 
have, for the present , only resolved to pursue the following 
peaceable measures.” 

19. While the tone of the Declaration of Rights was 
dignified, firm, and pacific, it breathed throughout a fear of 
an impending crisis which, indeed, was inevitable and which 
soon came. In less than two years a still more important 
and serious declaration was made, and the colonies severed 
entirely “ the political bands ” which bound them to the 
British Government. 


CHAPTER II. 

DECLARATION OF INDEPENDENCE. 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 
them with another, and to assume among the powers of the earth 
the separate and equal station to which the laws of nature and of 
nature’s God entitle them, a decent respect to the opinions of man¬ 
kind requires that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident, that all men are created 
equal; that they are endowed by their Creator with certain unal¬ 
ienable rights; that among these are life, liberty, and the pursuit of 




340 


PROGRESS OF THE UNITED STATES. 


happiness; that, to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the gov¬ 
erned ; that, whenever any form of government becomes destruc¬ 
tive of these ends, it is the right of the people to alter or abolish it, 
and to institute a new government, laying its foundation on such 
principles, and organizing its powers in such form, as to them shall 
seem most likely to effect their safety and happiness. Prudence, 
indeed, will dictate that governments should not be changed for 
light and transient causes; and, accordingly, all experience hath 
shown that mankind are more disposed to suffer, while evils are suf¬ 
ferable, than to right themselves by abolishing the forms to which 
they are accustomed. But when a long train of abuses and usurpa¬ 
tions, pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, to 
throw off such government, and to provide new guards for their future 
security. Such has been the patient sufferance of these Colonies, 
and such is now the necessity which constrains them to alter their 
former systems of government. The history of the present king 
of Great Britain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an absolute tyranny 
over these States. To prove this, let facts be submitted to a candid 
world:— 

He has refused his assent to laws the most wholesome and neces¬ 
sary for the public good. 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained; and, when so suspended, he has utterly 
neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the Legislature; a right inestimable to 
them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, un¬ 
comfortable, and distant from the depository of their public records, 
for the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved representative houses repeatedly, for opposing, 
with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause 


DECLARATION OF INDEPENDENCE. 


341 


others to he elected; whereby the legislative powers, incapable of 
annihilation, have returned to the people at large for their exercise; 
the State remaining, in the mean time, exposed to all the dangers of 
invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States; 
for that purpose, obstructing the laws for naturalization of foreign¬ 
ers; refusing to pass others to encourage their migration hither, 
and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, with¬ 
out the consent of our Legislature. 

He has affected to render the military independent of, and supe¬ 
rior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our Constitution, and unacknowledged by our laws; giv¬ 
ing his assent to their acts of pretended legislation,— 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
States; 

For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefits of trial by 

jury; 

For transporting us beyond seas to be tried for pretended of¬ 
fenses ; 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlaig- 
ing its boundaries, so as to render it at once an example and fit in¬ 
strument for introducing the same absolute rule into these Colonies; 

For taking away our charters, abolishing our most valuable laws, 
and altering fundamentally the powers of our governments; 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 


342 


PROGRESS OF THE UNITED STATES. 


Ho has abdicated government here by declaring us out of his 
protection, and urging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

lie is, at this time, transporting large armies of foreign mer¬ 
cenaries to complete the works of death, desolation, and tyranny, 
already begun with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections among us, and has en¬ 
deavored to bring on the inhabitants of our frontiers the merciless 
Indian savages, whose known rule of warfare is an undistinguished 
destruction of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for re¬ 
dress in the most humble terms: our repeated petitions have been 
answered only by repeated injury. A prince whose character is 
thus marked by every act which may define a tyrant is unfit to be 
the ruler of a free people. 

Nor have we been wanting in attention to our British breth¬ 
ren. 

We have warned them, from time to time, of attempts made by 
their legislature to extend an unwarrantable jurisdiction over us. 
We have reminded them of the circumstances of our emigration 
and settlement here. We have appealed to their native justice and 
magnanimity; and we have conjured them, by the ties of one com¬ 
mon kindred, to disavow these usurpations, which would inevitably 
interrupt our connections and correspondence. They, too, have 
been deaf to the voice of justice and consanguinity. We must, 
therefore, acquiesce in the necessity which denounces our separa¬ 
tion, and hold them, as we hold the rest of mankind, enemies in 
war; in peace, friends. 

We, therefore, the representatives of-the United States of Amer¬ 
ica, in general congeess assembled, appealing to the Supreme 
Judge of the world for the rectitude of our intentions, do, in the 
name and by the authority of the good people of these Colonies, 
solemnly publish and declare, that these United Colonies are, and 


DECLARATION OF INDEPENDENCE. 


343 


of right ought to be, free and independent States; that they are 
absolved from all allegiance to the British Crown, and that all 
political connection between them and the state of Great Britain 
is, and ought to be, totally dissolved; and that, as feee and inde¬ 
pendent states, they have full power to levy war, conclude peace, 
contract alliances, establish commerce, and to do all other acts and 
things which independent states may of right do. And for the 
support of this declaration, with a firm reliance on the protection 
of Divine Peovidence, we mutually pledge to each other our lives, 
our fortunes, and our sacred honor. 

ANALYSIS OF THE DECLARATION OF INDEPENDENCE. 

PREAMBLE. 

1. Separation from Great Britain was a necessity. 

2. The intention being the establishment of a new and 
independent government. 

3. A declaration of the causes creating the necessity is 
due to mankind. 

THE REASONS. 

1 . Unalienable rights had been repeatedly violated. 

2. Protests had proved unavailing. 

3. Usurpations and'abuse of power continued and mul¬ 
tiplied. 

4. Absolute despotism would follow submission. 

5. Absolute tyranny the object of the King of Great 
Britain. 

6. Separation —the dissolution of all political ties— 
demonstrated by futile petitions and long-continued “ pa¬ 
tient sufferance of these colonies,” to be the only remedy. 

SELF-EVIDENT TRUTHS. 

1. All men have the same natural rights (“ are created 
equal ”). 

2. Natural rights are of two kinds—those which for 
man’s good may be rendered ; 


344 


PROGRESS OF THE UNITED STATES. 


3. * Conditional rights. These are such as may be 
abridged, restricted, or abrogated, when necessary to pre¬ 
vent interference with the exercise of ; 

4. Inalienable rights , given by the Creator to all men. 
With these king and parliament interfered. Among them 
are Life, Liberty, and the Pursuit or Happiness. 

[In the Declaration of Rights the formula was “life, 
liberty, and property.”] 

5. The purpose of government is to secure these rights. 

6. The powers of government are just only when exer¬ 
cised by the consent of the governed.f 

7. The right to alter or abolish a form of government 
when it abandons its purpose and exceeds its legitimate 
powers. 

8. The duty to throw off one government and establish 
a better when despotism is threatened. 

principles. 

1. It is not prudent or best to change government for 
trivial offenses or transient causes ; but— 

2. When oppression is continuous, and efforts to correct 
abuses are useless, safety and duty demand a change. 

FACTS STATED. 

1. To prove the charges made against the king and par¬ 
liament. 

* While the Declaration of Independence does not, in terms, assert the ex¬ 
istence of conventional rights, they are implied by the reference to “ certain 
unalienable rights.” If certain rights are malienable, the necessary inference 
is that certain others are alienable. One leading purpose of the Declaration 
was to assure mankind that the colonies did not object to such an abridgment 
of liberty (natural rights) as might be necessary to good government. The 
existence of conventional rights is, therefore, properly stated under the head 
of “self-evident truths” in an analysis of this document. 

t This means majority rule—the republican idea—and is the foundation 
principle of our government. (See Chapters XII and XIII, Part I, and espe¬ 
cially the analysis of Chapter XII.) 


DECLARATION OF INDEPENDENCE. 


345 


2. To prove the King of Great Britain “a prince ... a 
tyrant unfit to be the ruler of a free people.” 

3. To substantiate the reasons given for separation ; 
and— 

4. To justify, in all liberty-loving minds, the 

DECLARATION 

That the colonies, having— 

1. Suffered patiently and long ; 

2. Humbly, and often, petitioned the king for redress ; 

3. Borne insult and repeated injury in answer ; 

4. Warned their British brethren of the unwarrantable 
usurpations ; 

5. Appealed to their native justice and magnanimity ; 

6. Prayed them, in the name of a common kindred, to 
disavow these usurpations ; and— 

7. Found that the king and parliament were tyrannical 
and cruel; 

8. Their brethren, at home, deaf to the voice of justice 
and consanguinity ; 

—“are, and of right ought to be, free and independent 
States ” / totally dissolved from all political connections 
with Great Britain, and exercising all the powers legiti¬ 
mately belonging to independent States. The conse¬ 
quences of such a declaration were foreseen and appreciated. 
The step had been deliberately taken, the alternative of 
freedom w T ith sacrifice was dearer than life with slavery, 
and hence the 

PLEDGE 

that, appealing to the Supreme Judge of the world for 
the rectitude of their intentions, and relying upon Divine 
Providence for protection, “ ice mutually pledge to each 
other our lives, our fortunes, and our sacred honor.” 

It may be observed that the instances of infringements 


346 


PROGRESS OF THE UNITED STATES. 


and violations of rights, while a repetition of what had been 
stated in the Declaration of Rights, are more numerous and 
detailed than in that document. This is the fulfillment of 
the promise then given (implied in the expression “ for the 
present,” to which attention has been called), that while 
many grievances were borne in silence, for the sake of har¬ 
mony, if driven to extremes the colonists would expose the 
whole outrageous system of tyranny and oppression under 
which they suffered, and which could find no justification 
in the laws of nature, common justice, or the English Con¬ 
stitution. 


CHAPTER III. 

ARTICLES OF CONFEDERATION. 

To all to whom these presents shall come , we , the undersigned Dele¬ 
gates of the States affixed to our names , send greeting: 

Whereas, The Delegates of the United States of America, in 
Congress assembled, did, on the 15th day of November, in the year 
of our Lord 1777, and in the Second Year of the Independence of 
America, agree to certain Articles of Confederation and perpetual 
Union between the States of New Hampshire, Massachusetts Bay, 
Rhode Island and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North 
Carolina, South Carolina, and Georgia, in the following words, 
viz.:— 

Article I. The style of this Confederacy shall be, “ The United 
States of America.” 

Art. II. Each State retains its sovereignty, freedom, and inde¬ 
pendence, and every power, jurisdiction, and right, which is not 
by this Confederation expressly delegated to the United States in 
Congress assembled. 

Art. III. The said States hereby severally enter into a firm 
league of friendship with each other, for their common defense, 
the security of their liberties, and their mutual and general welfare, 



ARTICLES OF CONFEDERATION. 


347 


binding themselves to assist each other against all force offered to 
or attacks made upon them, or any of them, on account of religion, 
sovereignty, trade, or any other pretense whatever. 

Art. IY. The better to secure and perpetuate mutual friend¬ 
ship and intercourse among the people of the different States in 
this Union, the free inhabitants of each of these States—paupers, 
vagabonds, and fugitives from justice excepted—shall be entitled to 
all privileges and immunities of free citizens in the several States; 
and the people of each State shall have free ingress and regress, to 
and from any other State, and shall enjoy therein all the privileges 
of trade and commerce, subject to the same duties, impositions, and 
restrictions as the inhabitants thereof respectively; provided that 
such restrictions shall not extend so far as to prevent the removal 
of property, imported into any State, to any other State of which 
the owner is an inhabitant; provided, also, that no imposition, du¬ 
ties, or restriction shall be laid by any State on the property of the 
United States, or either of them. 

If any person guilty of or charged with treason, felony, or other 
high misdemeanor, in any State, shall flee from justice, and bo 
found in any of the United States, he shall, upon demand of the 
Governor or executive power of the State from which he fled, be 
delivered up and removed to the State having jurisdiction of his 
offense. 

Full faith and credit shall be given in each of these States to the 
records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 

Art. Y. For the more convenient management of the general 
interest of the United States, delegates shall be annually appointed 
in such manner as the Legislature of each State shall direct, to meet 
in Congress on the first Monday in November in every year, with a 
power reserved to each State to recall its delegates, or any of them, 
at any time within the year, and to send others in their stead for 
the remainder of the year. 

No State shall be represented in Congress by less than two nor 
by more than seven members; and no person shall be capable of 
being a delegate for more than three years in any term of six years; 
nor shall any person, being a delegate, be capable of holding any 
office under the United States, for which he, or another for his bene¬ 
fit, receives any salary, fees, or emolument of any kind. 


348 


PROGRESS OF THE UNITED STATES. 


Each State shall maintain its own delegates in any meeting of 
the States, and while they act as members of the committee of the 
States. 

In determining questions in the United States in Congress as¬ 
sembled, each State shall have one vote. Freedom of speech and 
debate in Congress shall not be impeached or questioned in any 
court, or place out of Congress; and the members of Congress shall 
be protected in their persons from arrests and imprisonments, during 
the time of their going to and from, and attendance on, Congress, 
except for .treason, felony, or breach of the peace. 

Art. VI. No State, without the consent of the United States 
in Congress assembled, shall send any embassy to, or receive any 
embassy from, or enter into any conference, agreement, alliance, or 
treaty with any king, prince, or state; nor shall any person hold¬ 
ing any office of profit or trust under the United States, or any of 
them, accept of any present, emolument, office, or title, of any kind 
whatever, from any king, prince, or foreign state; nor shall the 
United States in Congress assembled, or any of them, grant any title 
of nobility. 

No two or more States shall enter into any treaty, confederation, 
or alliance whatever between them, without the consent of the Unit¬ 
ed States in Congress assembled; specifying accurately the purpose 
for which the same is to be entered into, and how long it shall con¬ 
tinue. 

No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into, by the United States 
in Congress assembled, with any king, prince, or state, in pursuance 
of any treaties already proposed by Congress to the courts of France 
and Spain. 

No vessels of war shall be kept up in time of peace by any State, 
except such number only as shall be deemed necessary, by the United 
States in Congress assembled, for the defense of such State or its 
trade; nor shall any body of forces be kept up by any State in time 
of peace, except such number only as, in the judgment of the United 
States in Congress assembled, shall be deemed requisite to garrison 
the forts necessary for the defense of such State; but every State 
shall always keep up a well-regulated and disciplined militia, suffi¬ 
ciently armed and accoutred, and shall provide and have constantly 
ready for use in public stores a due number of field-pieces and 


ARTICLES OF CONFEDERATION. 


349 


tents, and a proper quantity of arms, ammunition, and camp-equi- 
page. 

No State shall engage in any war without the consent of the 
United States in Congress assembled, unless such State be actually 
invaded by enemies, or shall have received certain advice of a reso¬ 
lution being formed by some nation of Indians to invade such State, 
and the danger is so imminent as not to admit of a delay till the 
United States in Congress assembled can be consulted; nor shall 
any State grant commissions to any ships or vessels of war, nor 
letters of marque or reprisal, except it be after a declaration of war 
by the United States in Congress assembled, and then only against 
the kingdom or state, and the subjects thereof, against which war 
has been so declared, and under such regulations as shall be estab¬ 
lished by the United States in Congress assembled, unless such State 
be infested by pirates; in which case vessels of war may be fitted 
out for that occasion, and kept so long as the danger shall continue, 
or until the United States in Congress assembled shall determine 
otherwise. 

Akt. VII. When land forces are raised by any State for the 
common defense, all officers of or under the rank of colonel shall 
be appointed by the Legislature of each State respectively by whom 
such forces shall be raised, or in such manner as such State shall 
direct; and all vacancies shall be filled up by the State which first 
made the appointment. 

Art. VIII. All charges of war, and all other expenses that shall 
be incurred for the common defense or general welfare, and allowed 
by the United States in Congress assembled, shall be defrayed out 
of a common treasury, which shall be supplied by the several States 
in proportion to the value of all land within each State, granted to 
or surveyed for any person, as such land and the buildings and im¬ 
provements thereon shall be estimated, according to such mode as 
the United States in Congress assembled shall, from time to time, 
direct and appoint. The taxes for paying that proportion shall be 
laid and levied by the authority and direction of the Legislatures of 
the several States within the time agreed upon by the United States 
in Congress assembled. 

Art. IX. The United States in Congress assembled shall have 
the sole and exclusive right and power of determining on peace and 
war, except in cases mentioned in the Sixth Article; of sending and 


350 


PROGRESS OF THE UNITED STATES. 


receiving ambassadors, entering into treaties and alliances, provided 
that no treaty of commerce shall be made whereby the legislative 
power of the respective States shall be restrained from imposing 
such imposts and duties on foreigners as their own people are sub¬ 
jected to, or from prohibiting the exportation or importation of any 
species of goods or commodities whatsoever; of establishing rules 
for deciding in all cases what captures on land or water shall be 
legal, and in what manner prizes taken by land or naval forces in 
the service of the United States shall be divided or appropriated; 
of granting letters of marque and reprisal in times of peace, appoint¬ 
ing courts for the trial of piracies and felonies committed on the 
high seas, and establishing courts for receiving and determining 
finally appeals in all cases of captures, provided that no member of 
Congress shall be appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the last 
resort on appeal in all disputes and differences now subsisting or 
that hereafter may arise between two or more States concerning 
boundary, jurisdiction, or any other cause whatever; which au¬ 
thority shall always be exercised in the manner following: When¬ 
ever the legislative or executive authority or lawful agent of any 
State, in controversy with another, shall present a petition to Con¬ 
gress, stating the matter in question, and praying for a hearing, 
notice thereof shall be given by order of Congress to the legislative 
or executive authority of the other State in controversy, and a day 
assigned for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint, by joint consent, commis¬ 
sioners or judges to constitute a court for hearing and determining 
the matter in question : but, if they can not agree, Congress shall 
name three persons out of each of the United States; and from 
the list of such persons each party shall alternately strike out one, 
the petitioners beginning, until the number shall be reduced to 
thirteen; and from that number not less than seven nor more 
than nine names, as Congress shall direct, shall in the presence of 
Congress be drawn out by lot; and the persons whose names shall 
be so drawn, or any five of them, shall be commissioners or judges 
to hear and finally determine the controversy, so always as a major 
part of the judges who shall hear the cause shall agree in the de¬ 
termination ; and if either party shall neglect to attend at the day 
appointed, without showing reasons which Congress shall judge 


ARTICLES OF CONFEDERATION. 


351 


sufficient, or, being present, shall refuse to strike, the Congress 
shall proceed to nominate three persons out of each State, and 
the Secretary of Congress shall strike in behalf of such party ab¬ 
sent or refusing; and the judgment and sentence of the court, to 
be appointed in the manner before prescribed, shall be final and 
conclusive; and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce sentence 
or judgment, which shall in like manner be final and decisive— 
the judgment or sentence and other proceedings being in either 
case transmitted to Congress, and lodged among the acts of Con¬ 
gress for the security of the parties concerned: provided that every 
commissioner, before he sits in judgment, shall take an oath, to be 
administered by one of the judges of the Supreme or Superior 
Court of the State where the cause shall be tried, “ well and truly 
to hear and determine the matter in question, according to the 
best of his judgment, without favor, affection, or hope of reward”; 
provided, also, that no State shall be deprived of territory for the 
benefit of the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdiction 
as they may respect such lands, and the States which passed such 
grants, are adjusted, the said grants or either of them being at the 
same time claimed to have originated antecedent to such settle¬ 
ment of jurisdiction, shall, on the petition of either party to the 
Congress of the United States, be finally determined, as near as 
may be, in the same manner as is before prescribed for deciding 
disputes respecting territorial jurisdiction between different States. 

The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective States; fixing the standard of weights and measures 
throughout the United States; regulating the trade and managing 
all affairs with the Indians, not members of any of the States, 
provided that the legislative right of any State within its own 
limits be not infringed or violated; establishing or regulating post- 
offices from one State to another throughout all the United States, 
and exacting such postage on the papers passing through the same 
as may be requisite to defray the expenses of the said office; ap- 


352 


PROGRESS OF THE UNITED STATES. 


pointing all officers of the land forces in the service of the United 
States, excepting regimental officers; appointing all the officers of 
the naval forces, and commissioning all officers whatever in the ser¬ 
vice of the United States; making rules for the government and 
regulation of the said land and naval forces, and directing their 
operations. 

The United States in Congress assembled shall have authority to 
appoint a committee, to sit in the recess of Congress, to be de¬ 
nominated “ A Committee of the States,” and to consist of one 
delegate from each State; and to appoint such other committees 
and civil officers as may be necessary for managing the general 
affairs of the United States, under their direction; to appoint one 
of their number to preside, provided that no person be allowed 
to serve in the office of president more than one year in any term 
of three years; to ascertain the necessary sums of money to bo 
raised for the service of the United States, and to appropriate and 
apply the same for defraying the public expenses; to borrow money, 
or emit bills on the credit of the United States, transmitting every 
half-year to the respective States an account of the sums of money 
so borrowed or emitted; to build and equip a navy; to agree upon 
the number of land forces, and to make requisitions from each 
State for its quota, in proportion to the number of white inhabitants 
in such State; which requisition shall be binding; and thereupon 
the Legislature of each State shall appoint the regimental officers, 
raise the men, and clothe, arm, and equip them in a soldier-like 
manner, at the expense of the United States; and the. officers and 
men so clothed, armed, and equipped shall march to the place ap¬ 
pointed, and within the time agreed on by the United States in Con¬ 
gress assembled: but if the United States in Congress assembled 
shall, on consideration of circumstances, judge proper that any State 
should not raise men, or should raise a smaller number than its quota, 
and that any other State should raise a greater number of men than 
the quota thereof, such extra number shall be raised, officered, 
clothed, armed, and equipped in the same manner as the quota of 
such State, unless the Legislature of such State shall judge that such 
extra number can not be safely spared out of the same; in which 
case they shall raise, officer, clothe, arm, and equip as many of such 
extra number as they judge can be safely spared; and the officers 
and men so clothed, armed, and equipped shall march to the place 


ARTICLES OF CONFEDERATION. 


353 


appointed, and within the time agreed on by the United States in 
Congress assembled. 

The United States in Congress assembled shall never engage in 
a war; nor grant letters of marque and reprisal in time of peace; 
nor enter into any treaties or alliances ; nor coin money, nor regulate 
the \ alue thereof; nor ascertain the sums and expenses necessary 
for the defense and welfare of the United States, or any of them ; 
nor emit bills, nor borrow money on the credit of the United States; 
nor appropriate money; nor agree upon the number of vessels of 
war to be built or purchased, or the number of land or sea forces to 
be raised ; nor appoint a commander-in-chief of the army or navy, 
unless nine States assent to the same; nor shall a question on any 
other point, except for adjourning from day to day, be determined 
unless by the votes of a majority of the United States in Congress 
assembled. 

The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United 
States, so that no period of adjournment be for a longer duration 
than the space of six months; and shall publish the journal of their 
proceedings monthly, except such parts thereof, relating to treaties, 
alliances, or military operations, as in their judgment require se¬ 
crecy : and the yeas and nays of the delegates of each State on any 
question shall be entered on the journal, when it is desired by any 
delegate; and the delegates of a State, or any of them, at his or 
their request, shall be furnished with a transcript of the said journal, 
except such parts as are above excepted, to lay before the Legisla¬ 
tures of the several States. 

Aet. X. The Committee of the States, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the 
powers of Congress as the United States in Congress assembled, by 
the consent of nine States, shall from time to time think expedient 
to vest them with ; provided that no power be delegated to the said 
committee, for the exercise of which, by the Articles of Confedera¬ 
tion, the voice of nine States in the Congress of the United States 
assembled is requisite. 

Aet. XI. Canada, acceding to this Confederation, and joining in 
the measures of the United States, shall be admitted into, and entitled 
to all the advantages of, this Union; but no other Colony shall be ad¬ 
mitted into the same, unless such admission be agreed to by nine States. 


354 


PROGRESS OF TIIE UNITED STATES. 


Art. XII. All bills of credit emitted, moneys borrowed, and 
debts contracted, by or under the authority of Congress before the 
assembling of the United States in pursuance of the present Confed¬ 
eration, shall be deemed and considered as a charge against the 
United States, for payment and satisfaction whereof the said United 
States and the public faith are hereby solemnly pledged. 

Art. XIII. Every State shall abide by the determinations of 
the United States in Congress assembled, on all questions which, 
by this Confederation, are submitted to them. And the Articles of 
this Confederation shall be inviolably observed by every State, and 
the UnioD shall be perpetual; nor shall any alteration at any time 
hereafter be made in any of them, unless such alteration be agreed 
to in a Congress of- the United States, and be afterward confirmed 
by the Legislatures of every State. 

And whereas , it hath pleased the great Governor of the world 
to incline the hearts of the Legislatures we respectively represent 
in Congress to approve of, and to authorize us to ratify, the said 
Articles of Confederation and perpetual Union, know ye, that we, 
the undersigned delegates, by virtue of the power and authority to 
u§ given for that purpose, do by these presents, in the name and in 
behalf of our respective constituents, fully and entirely ratify and 
confirm each and every of the said Articles of Confederation and 
perpetual Union, and all and singular the matters and things therein 
contained. And we do further solemnly plight and engage the faith 
of our respective constituents, that they shall abide by the deter¬ 
minations of the United States in Congress assembled on all ques¬ 
tions which by the said Confederation are submitted to them; and 
that the Articles thereof shall be inviolably observed by the States 
we respectively represent, and that the Union shall be perpetual. 
In witness whereof, we have hereunto set our hands in Congress. 
Done at Philadelphia, in the State of Pennsylvania, the ninth day 
of July, in the year of our Lord 1778, and in the third year of 
the Independence of America. 

ANALYSIS OF THE ARTICLES OF CONFEDERATION AND 
THE CONSTITUTION OF THE UNITED STATES. 

1. An exhaustive analysis of the Articles of Confedera¬ 
tion, or of the Constitution of the United States, could not 
be contained within the appointed limits of this work, and 


ARTICLES OF CONFEDERATION. 355 

would not subserve its purpose ; and yet a clear general 
conception of both instruments is deemed necessary to a 
full and correct appreciation of any feature or separate part 
of the grand total of political influences which are develop¬ 
ing national greatness, and without whose combined opera¬ 
tion no State could realize its just, full, and harmonious 
development and prosperity. 

2. An accurate knowledge of the federal system in its en¬ 
tirety may be obtained from other text-books by the student 
who has the time and opportunity to prosecute this most at¬ 
tractive and useful subject ; but every citizen who would dis¬ 
charge intelligently the duties devolving upon him (and which 
he can not innocently avoid) must have a certain amount 
of knowledge of the whole political field lying between the 
individual and the collective body and power of the people. 

3. The purpose of this work is to cover the ground 
indicated ; and this analysis will contrast constitutional pro¬ 
visions with some of the leading 

PECULIARITIES OF THE ARTICLES OF CONFEDERATION. 

4. Ideas totally different from each other served as the 
motive and foundation of the “ Confederation ” and the 
“ Union.” 

5. Thirteen different and independent governments (the 
thirteen States) deemed an alliance prudent and politic, and 
entered into a “league of friendship with each other.” This 
was the Confederacy. 

6. They entered into an agreement to “ assist ” each 
other. Nowhere in the agreement was there an intimation 
of the existence of any authority over the individual States, 
nor the recognition of any obligation other than that found 
in the expression, “ we do further solemnly plight and en¬ 
gage the faith of our respective constituents.” The several 
items of the written agreement constituted the “ Articles 
of Confederation.” 


356 


PROGRESS OF THE UNITED STATES. 


7. The second article alludes to powers “. . . expressly 
delegated to the United States in Congress assembled.” 
But the enumeration of the “ powers ”—such as making 
war and paying the expenses thereof—is accompanied with 
a limitation which destroys every element of power in the 
relation between Congress (the representative of the United 
States) and the States. In every case an appeal to the States 
was required. If, therefore, power existed at all, it was 
over the means voluntarily contributed by the States to 
accomplish a desired end for “ their mutual and general 
welfare.” 

8. In the Confederacy there were separate and inde¬ 
pendent political autonomies, or governments, co-operating 
without constraint. 

9. Under the Constitution there is organized govern¬ 
ment. Congress has power “to make all laws which shall 
be necessary and proper for carrying into execution the 
powers . . . vested by this Constitution.” 

10. Under the Confederacy there were— 

1. No branches of Congress. 

2. No departments of government. 

3. No national officers. 

4. No GOVERNMENT. 

11. Congress could not — 

1. Declare war. 

2. Grant letters of marque and reprisal.* 

3. Make treaties, nor enter into alliances. 

4. Coin money, or regulate its value. 

5. Determine the amount of money to be expended for 
the defense and welfare of the States. 

6. Emit bills, or borrow money on the credit of the 
United States. 

7. Appropriate money. 

* The expression “ in time of peace ” does not modify the restriction, since 
Congress could not “ engage in a war.” 



ARTICLES OF CONFEDERATION. 


357 


8. Build or buy war-vessels. 

9. Raise or equip an army. 

10. Raise a navy. 

11. Appoint a commander-in-chief. 

12. Pay officers or soldiers, until after an appeal to the 
States and the consent of nine of them had been obtained. 
It then had no means of enforcing compliance upon those 
States which had consented. 

12 . Delegates in Congress were— 

1. Not limited in number on any ratio between the 
States. Each State had the option of sending not less than 
two nor more than seven. 

2. Appointed by the States. 

3. Appointed for one year. 

4. Eligible only three years in six. 

5. Paid by their own States. 

6. Not allowed personal voice in deciding questions sub¬ 
mitted to vote ; but a majority of the delegates from a 
State were allowed to cast one vote as the vote of the State. 

7. Subject to recall at any time by their States. 

8. Not allowed to hold any office under the United 
States to which any fee, salary, or emolument was attached. 

13 . The States — 

1. Could “ lay imposts or duties ” (restricted under cer¬ 
tain circumstances). 

2. Could coin money. 

3. Paid directly to the common treasury all expenses of 
the general administration. 

4. Could grant letters of marque and reprisal. 

14 . Congress could adjourn at any time, to any point 
within the United States. The adjournment could not be 
for a longer term than six months. 

15 . A committee of the States (one delegate from each 
State) was appointed to sit during the recess of Congress, 
and to represent that body. 


358 


PROGRESS OF TIIE UNITED STATES. 


16. These leading features of the Confederation are 
sufficient for the contrast intended. There are other pecul¬ 
iarities ; but the chief and all-shadowing peculiarity— 
which presents itself to the mind as a “ great weakness ” 
only in contemplation of a national government —was the 
utter absence of all power or control over any question in¬ 
volving the interests of the States. 

17. But a national government was not contemplated. 
If a number of governments co-operating without compul¬ 
sion (under a “ plight of faith ”) in all matters of a common 
interest could maintain a harmonious “ union , establish jus¬ 
tice, insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the bless¬ 
ings of liberty,” there would be no necessity for the exer¬ 
cise of power or control. 

18. The mistaken idea was soon detected, and the nec¬ 
essity for a national government which should be the 
supreme authority in matters of common welfare discov¬ 
ered. The radical change in view T s of government can 
not escape attention on examination of the order obtain¬ 
ing— 

O 

19. Under the Constitution : 

1. Congress composed of two branches—House of Rep¬ 
resentatives and Senate. 

2. Government distributed into three departments— 
legislative, executive, and judicial. 

3. A large number of national officers, elective and ap¬ 
pointive. 

4. The Federal government supreme within its sphere. 

20. Congress has the power— 

1. To declare war. 

2. To grant letters of marque and reprisal. 

3. [See below *]. 

* The President, by and with the advice and consent of the Senate, can 
make treaties. 


ARTICLES OF CONFEDERATION. 


359 


4. To coin money and regulate its value. 

5. To appropriate whatever sums it may deem necessary 
for the proper exercise of its functions under the Constitu¬ 
tion. 

6. To borrow money. 

7. To appropriate money (as above, 5). 

8. To build or purchase war-vessels. 

9. To raise, equip, and maintain an army. 

10. To raise and support a navy. 

11. [See below *]. 

12. To pay all national officers (as above, 5). 

21 . Mehbees of Congkess are— 

1. Limited in numbers, as follows : the Senators, two 
to each State ; the Representatives, to a number fixed 
by Congress after every census. They are distributed 
among the States according to population, on a fixed 
ratio. 

2. Elected — Representatives by the people ; Senators 
by the Legislatures of the States. 

3. Elected—Representatives for two years ; Senators for 
six years. 

4. Eligible for as many successive terms as the people 
or the Legislatures may choose. 

5. Paid out of the national treasury. 

6. At liberty to vote according to each man’s judgment, 
except in case of the election of President by the House, in 
which case each State has one vote (determined by the ma¬ 
jority of its Representatives in Congress). 

7. Not subject to recall by States, but may be expelled 
by the House to which a member belongs. 

8. May not be appointed to any office under the Uni¬ 
ted States during the time for which they were elected, 
which has been created nor the emoluments whereof 
shall have been increased during such time ; nor can any 

* The President is the commandcr-in-chief. 


360 


PROGRESS OF TIIE UNITED STATES. 


member of Congress be' at the same time a United States 
officer. 

22. The States— 

1. Can not, “ without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws.” 

2. Can not coin money. 

3. Never pay anything directly to the general govern¬ 
ment for support. 

4. Can not grant letters of marque and reprisal, nor do 
many other things reserved to Congress, which under the 
Confederation only the States could do. 

23. Congress can only adjourn by the consent of both 
House and Senate (or by presidential proclamation if the 
two Houses can not agree). 

Note.— The student is referred to Chapter III, Part II, for further discus¬ 
sion of this subject. 


CHAPTER IV. 

CONSTITUTION OF TIIE UNITED STATES. 

We, the People of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this Constitution for the United States of America. 

ARTICLE I. 

Section 1. 

1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and 




CONSTITUTION OF THE UNITED STATES. 


361 


tho electors in each State shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be an 
inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three fifths of all other persons. The actual enumeration 
shall be made within-three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representative; 
and, until such enumeration shall be made, the State of New Hamp¬ 
shire shall be entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut five, New York 
six, New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

4. When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers, and shall have the sole power of impeachment. 

Section 3. 

1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the Legislature thereof for six 
years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year; of the second class, at 
the expiration of the fourth year; and of the third class, at the 
expiration of the sixth year; so that one third may be chosen every 

16 


362 


PROGRESS OE THE UNITED STATES. 


second year: and if vacancies happen, by resignation or otherwise, 
during the recess of the Legislature of any State, the executive 
thereof may make temporary appointments until the next meeting 
of the Legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no vote unless they be equally 
divided. 

5. The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore in the absence of the Vice-President, or when he 
shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside; and no person shall be convicted with¬ 
out the concurrence of two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but the 
party convicted shall nevertheless be liable and subject to indict¬ 
ment, trial, judgment, and punishment, according to law. 

Section 4. 

1. The times, places, and manner of holding elections for Sen¬ 
ators and Representatives shall be prescribed in each State by the 
Legislature thereof; but the Congress may at any time, by law, 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year; and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Section 5. 

1. Each House shall be the judge of the elections, returns, and 
qualifications of its own members; and a majority of each shall 
constitute a quorum to do business, but a smaller number may ad- 


CONSTITUTION OF THE UNITED STATES. 


363 


journ from day to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner and under such penalties 
as each House may provide. 

2. Each House may determine the rules of its proceedings, pun¬ 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in their 
judgment, require secrecy; and the yeas and nays of the members 
of either House on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4. Neither House during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two Houses shall be sitting. 

\ 

Section 6. 

1. The Senators and Representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law and paid out of the 
treasury of the United States. They shall, in all cases, except trea¬ 
son, felony, and breach of the peace, be privileged from arrest dur¬ 
ing their attendance at the session of their respective Houses, and 
in going to and returning from the same; and for any speech or 
debate in either House, they shall not be questioned in any other 
place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States which shall have been created, or the emolu¬ 
ments whereof shall have been increased, during such time; and no 
person holding any office under the United States shall be a member 
of either House'during his continuance in office. 

Section 7. 

1. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with amend¬ 
ments, as on other bills. 

2. Every bill which shall have passed the House of Representa¬ 
tives and the Senate, shall, before it becomes a law, be presented to 
the President of the United States: if he approve, he shall sign it; 
but, if not, he shall return it, with his objections, to that House in 


364 


PROGRESS OF THE UNITED STATES. 


which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If, after such 
reconsideration, two thirds of that House shall agree to pass the 
bill, it shall be sent, together w r ith the objections, to the other 
House, by which it shall likewise be reconsidered; and, if approved 
by two thirds of that House, it shall become a law. But, in all such 
cases, the votes of both Houses shall be determined by yeas and 
nays; and the names of the persons voting for and against the bill 
shall be entered on the journal of each House respectively. If any 
bill shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, unless the Congress, 
by their adjournment, prevent its return; in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment), shall be presented to the President 
of the United States, and, before the same shall take effect, shall be 
approved by him, or, beiDg disapproved by him, shall be re-passed 
by two thirds of the Senate and the House of Representatives, ac¬ 
cording to the rules and limitations prescribed in the case of a bill. 

Section 8. 

The Congress shall have power— 

1. To lay and collect taxes, duties, imposts, and excises; to pay 
the debts, and provide for the common defense and the general wel¬ 
fare of the United States; but all duties, imposts, and excises slmll 
be uniform throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

4. To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies, throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post-offices and post-roads; 

8. To promote the progress of science and useful arts, by securing 


CONSTITUTION OF THE UNITED STATES. 


365 

for limited times, to authors and inventors, the exclusive right to 
their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the 
land and naval forces; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming, and disciplining the mili¬ 
tia, and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession of 
particular States and the acceptance of Congress, become the seat 
of the Government of the United States; and to exercise like au¬ 
thority over all places purchased, by the consent of the Legislat¬ 
ure of the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful buildings. 
And— 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the United States, 
or in any department or officer thereof. 

Section 9. 

1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be pro¬ 
hibited by the Congress prior to the year one thousand eight hun¬ 
dred and eight; but a tax, or duty, may be imposed on such impor¬ 
tation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be sus- 


368 


PROGRESS OF THE UNITED STATES. 


pended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
State. No preference shall be given by any regulation of commerce, 
or revenue, to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, clear, 
or pay duties, in another. 

6. No money shall be drawn from the Treasury but in conse¬ 
quence of appropriations made by law ; and a regular statement and 
account of the receipts and expenditures of all public money shall 
be published from time to time. 

7. No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu¬ 
ment, office, or title of any kind whatever, from any king, prince, 
or foreign state. 

Section 10. 

1. No State shall enter into any treaty, alliance, or confederation ; 
grant letters of marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a tender in payment 
of debts; pass any bill of attainder, ex post facto law, or law im¬ 
pairing the obligation of contracts; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be abso¬ 
lutely necessary for executing its inspection laws; and the net pro¬ 
duce of all duties and imposts laid by any State on imports or ex¬ 
ports shall be for the use of the Treasury of the United States, and 
all such laws shall be subject to the revision and control of the 
Congress. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships-of-war in time of peace, enter 
into any agreement or compact with another State or with a foreign 
power, or engage in war, unless actually invaded, or in such immi¬ 
nent danger as will not admit of delay. 


CONSTITUTION OF THE UNITED STATES. 


367 


ARTICLE II. 

Section 1. 

1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President chosen for the 
same term, be elected as follows : 

2. Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of Electors, equal to the whole num¬ 
ber of Senators and Representatives to which the State may be 
entitled in the Congress; but no Senator or Representative, or per¬ 
son holding an office of trust or profit under the United States, shall 
be appointed an Elector. 

3. The Electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one, at least, shall not be an in¬ 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav¬ 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of Electors appointed; 
and, if there be more than one who have such majority, and have an 
equal number of votes, then the House of Representatives shall im¬ 
mediately choose, by ballot, one of them for President; and if no 
person have a majority, then, from the five highest on the list, the 
said House shall in like manner choose the President. But in choos¬ 
ing the President, the votes shall be taken by States, the representa¬ 
tion from each State having one vote: a quorum for this purpose 
shall consist of a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to a choice. In 
every case, after the choice of the President, the person having the 
greatest number of votes of the Electors shall be Vice-President. 
But, if there should remain two or more who have equal votes, the 
Senate shall choose from them, by ballot, the Vice-President. 

4. The Congress may determine the time of choosing the Elect- 




368 PROGKESS OF THE UNITED STATES. 

ors, and the day on which they shall give their votes; which day 
shall be the same throughout the United States. 

5. No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be 
eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President; 
and the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly until the disability be removed, or a President 
shall be elected. 

7. The President shall, at stated times, receive for his services a 
compensation, wffiich shall neither be increased nor diminished dur¬ 
ing the period for wTfich he shall have been elected, and he shall 
not receive within that period any other emolument from the 
United States, or any of them. 

8. Before he enters on the execution of his office, he shall take 
the following oath, or affirmation: 

9. “I do solemnly swear (or affirm) that I will faithfully exe¬ 
cute the office of President of the United States; and will, to the 
best of my ability, preserve, protect, and defend the Constitution of 
the United States.” 

Section 2. 

1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States, 
when called into the actual service of the United States: he may 
require the opinion, in writing, of the principal officer in each of 
the executive departments, upon any subject relating to the duties 
of their respective offices; and he shall have power to grant re¬ 
prieves and pardons for offenses against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur; and he shall nominate, and by and with the ad- 



CONSTITUTION OF THE UNITED STATES. 


369 


vice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States whose appointments are not 
herein otherwise provided for, and which shall be established by¬ 
law; but the Congress may by law vest the appointment of such 
inferior officers as they think proper in the President alone, in the 
courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate by granting commis¬ 
sions, which shall expire at the end of their next session. 

Section 3. 

1. He shall from time to time give to the Congress information 
of tbe state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, 
on extraordinary occasions convene both Houses, or either of them, 
and, in case of disagreement between them with respect to the time 
of adjournment, he may adjourn them to such a time as he shall 
think proper ; he shall receive ambassadors and other public minis¬ 
ters ; he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

Section 4. 

1. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of treason, bribery, or other high crimes and misde¬ 
meanors. 

ARTICLE III. 

Section 1. 

1. The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their services a com¬ 
pensation which shall not be diminished during their continuance in 
office. 

Section 2. 

1. The judicial power shall extend to all cases in law and equity 
arising under this Constitution, the laws of the United States, and 


370 


PROGRESS OF THE UNITED STATES. 


treaties made or which shall be made under their authority; to all 
cases affecting ambassadors, other public ministers and consuls; to 
all cases of admiralty and maritime jurisdiction; to controversies to 
which the United States shall be a party; (to controversies between 
two or more States); between a State and citizens of another State, 
between citizens of different States, between citizens of the same 
State claiming lands under grants of different States, and between a 
State, or the citizens thereof and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and under such regu¬ 
lations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury, and such trial shall be held in the State where the said 
crimes shall have been committed : but, when not committed within 
any State, the trial shall be at such place or places as the Congress 
may by law have directed. 

Section 3. 

1. Treason against the United States shall consist only in levy¬ 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt act, or on con¬ 
fession in open court. 

2. The Congress shall have power to declare the punishment of 
treason; but no attainder of treason shall work corruption of blood 
or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

Section 1. 

1. Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And , 
the Congress may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 


CONSTITUTION OF TIIE UNITED STATES. 


371 


2. A person ^charged in any State with treason, felony, or other 
crime, who shall flee from justice and he found in another State, 
shall, on demand of the executive authority of the State from which 
he fled, be delivered up, to be removed to the State having jurisdic¬ 
tion of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser¬ 
vice or labor may be due. 

Section 3. 

1. New States may he admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction 
of any other State, nor any State be formed by the junction of two 
or more States or parts of States, without the consent of the Legis¬ 
latures of the States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory, or other prop¬ 
erty, belonging to the United States; and nothing in this Constitu¬ 
tion shall be so construed as to prejudice any claims of the United 
States or of any particular State. 

Section 4. 

1. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each of 
them against invasion, and, on application of the Legislature, or of 
the Executive (when the Legislature can not be convened), against 
domestic violence. 

ARTICLE Y. 

1. The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose amendments to this Constitution, 
or, on the application of the Legislatures of two thirds of the sev¬ 
eral States, shall call a convention for proposing amendments, which 
in either case shall be valid to all intents and purposes as part of 
this Constitution, when ratified by the Legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, as 
the one or the other mode of ratification may be proposed by the 
Congress: provided that no amendment which may be made piior 





372 


PROGRESS OF THE UNITED STATES. 


to the year one thousand eight hundred and eight shall in any man¬ 
ner affect the first and fourth clauses in the ninth section of the 
first article; and that no State, without its consent, shall be de¬ 
prived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the United 
States, under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every State shall be 
bound thereby, anything in the Constitution or laws of any State to 
the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers both of the United States and of the several States, 
shall be bound by oath or affirmation to support this Constitution; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

AMENDMENTS TO THE CONSTITUTION. 

Article I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
of grievances. 

Akticle II. 

A well-regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not 
be infringed. 


CONSTITUTION OF THE UNITED STATES. 


373 


Aktiole III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war, but in a 
manner prescribed by law. 

Akticle IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

Aeticle V. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; nor 
shall any person be subject, for the same offense, to be twice put in 
jeopardy of life or limb; nor shall be compelled, in any criminal 
case, to be a witness against himself; nor be deprived of life, 
liberty, or property, without due process of law; nor shall private 
property be taken for public use, without just compensation. 

Aeticle VI. 

In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial by an impartial jury of the State and 
district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law ; and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witness against him; to have compulsory process 
for obtaining witnesses in his favor; and to have the assistance of 
counsel for his defense. 

Aeticle VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right to trial by jury shall be preserved; 
and no fact, tried by a jury, shall be otherwise re-examined in any 
court of the United States than according to the rules of the com¬ 
mon law. 


374 


PROGRESS OF THE UNITED STATES. 


Article VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

Article IX. 

The enumeration in the Constitution of certain rights shall not 
be construed to deny or disparage others retained by the people. 

Article X. 

The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 

Article XI. 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity commenced or prosecuted 
against one of the United States by citizens of another State, or by 
citizens or subjects of any foreign State. 

Article XII. 

1. The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same State with themselves : they shall 
name in their ballots the person voted for as President, and, in dis¬ 
tinct ballots, the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of votes for 
each ; which lists they shall sign and certify, and transmit, sealed, to 
the seat of the government of the United States, directed to the Presi¬ 
dent of the Senate. The President of the Senate shall, in the 
presence of the Senate and the House of Representatives, open 
all the certificates, and the votes shall then be counted: the per¬ 
son having the greatest number of votes for President shall be 
the President, if such number be a majority of the whole number 
of electors appointed; and if no person have such majority, then, 
from the persons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of Representa¬ 
tives shall choose immediately, by ballot, the President. But, in 


CONSTITUTION OF THE UNITED STATES. 


375 


choosing the President, the votes shall be taken by States, the rep¬ 
resentation from each State having one vote: a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice- 
President shall act as President, as in the case of the death, or other 
constitutional disability, of the President. 

2. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a majority 
of the whole number of electors appointed; and if no person have 
a majority, then, from the two highest numbers on the list, the 
Senate shall choose the Vice-President: a quorum for the purpose 
shall consist of two thirds of the whole number of Senators ; and a 
majority of the w r hole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of Presi¬ 
dent shall be eligible to that of Vice-President of the United States. 

Article XIII. 

1. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime, whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their 
jurisdiction. 

2. Congress shall have power to enforce this article by appro¬ 
priate legislation. 

Article XIV. 

1. All persons born or naturalized in the United States, and sub¬ 
ject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or en¬ 
force any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any State deprive any per¬ 
son of life, liberty, or property, without due process of law, nor deny 
to any person within its jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number 
of persons in each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for Presi¬ 
dent and Vice-President of the United States, Representatives in 


PROGRESS OF THE UNITED STATES. 


376 

Congress, the executive and judicial officers of a State, or the mem¬ 
bers of the Legislature thereof, is denied to any of the male inhabit¬ 
ants of such State, being twenty-one years of age and citizens of 
the United States, or in any way abridged, except for participation 
in rebellion or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citi¬ 
zens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

3. No person shall be a Senator or Representative in Congress, 
or elector of President and Vice-President, or hold any office, civil 
or military, under the United States, or under any State, who, hav¬ 
ing previously taken an oath as a member of Congress, or as an offi¬ 
cer of the United States, or as a member of any State Legislature, or 
as an executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two thirds of each House, 
remove such disability. 

4. The validity of the public debt of the United States author¬ 
ized by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection and rebellion, shall 
not be questioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid of in¬ 
surrection or rebellion against the United States, or any claim for 
the loss or emancipation of any slave; but all such debts, obliga¬ 
tions, and claims, shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Abticle XV. 

Section 1 . The right of the citizens of the United States to vote 
shall not be denied or abridged by the United States, or any State, 
on account of race, color, or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 




REVIEW QUESTIONS. 


377 


CHAPTER Y. 

REVIEW QUESTIONS. 

CHAPTER I. 

ANALYSIS OF THE DECLARATION OF SIGHTS. 

1. Did the colonies desire or seek separation? (Chapter II, 1.) 

2. What did they claim as a right? (1.) 

3. Was the Declaration intended as a menace? (2.) 

4. What was its nature ? (2.) 

5. What was sought to be prevented, and what was hoped for ? (2.) 

6. What did the colonies endure ? (3.) 

V. What course did they pursue under the circumstances ? (3.) 

8. With what spirit were they met ? (3.) 

9. What warning was finally given ? (3.) 

10. Were the rights claimed extraordinary? (4.) 

11. On what were they based? (4.) 

12. What did they insist on, and against what did they protest? (4.) 

13. IIow is the Declaration of Rights divided in the analysis? (5.) 

14. Under the first head, how many divisions? (5.) What are they? 

15. Under the second ? Name them. (6.) 

16. In what respect does the second method of division differ from the 
first ? (6.) 

IV. Does the arrangement weaken or strengthen the document? (V.) 

18. The arrangement is in the nature of what figure? (V.) Explain 
how. 

19. What was the nature of the three general charges first in order ? (8.) 

20. What was the tendency of British legislation in respect to American 

rights ? (8.) 

21. Against whom was the fourth charge directed ? (9.) 

22. What was the nature of the complaint embodied in this charge ? (9.) 

23. In the initial paragraph of the Declaration proper, what statement 
was calculated to attract the attention and favorable consideration of the 
British public? (10.) 

24. What prominent characteristic of our ancestors is mentioned? (10.) 

25. What reason is given for the suggestion that this statement was 
probably not meant as an appeal to prejudice? (10.) 

26. To what extent did this statement doubtless weaken the justification 
attempted by the colonies, and with whom? (11.) 


378 


PROGRESS OF THE UNITED STATES. 


27. To what is the allusion in the argumentum ad hominem ? (12.) 

28. Name the “ bulwarks” of English liberty. (12.) 

29. When and in what reigns were these instruments secured ? (12.) 

30. Why was it not desirable, at this time, to make the pleasure of king 

and parliament a matter of much concern ? (13.) 

31. On what grounds were the rights claimed based ? (14.) 

32. With the book before you, analyze each right by referring it to the 
ground, or grounds, on which it is based. (15.) 

33. The modern legal phrase, “ trial by jury,” is equivalent to what form 
of expression in the Declaration? (15, fifth right.) 

34. What is meant by the British Constitution? (15, note.) 

35. What is the character of Part III of the arrangement of the Decla¬ 
ration? (16.) 

36. What significant statement is made at the outset of these specifica¬ 
tions ? (17.) 

37. What is the assigned reason for the fact so stated ? (17.) 

38. What did the withholding of certain reasons indicate ? (17.) 

39. Were the colonies prepared, or determined, to advance any further 
than the public announcement of rights claimed? (18, 3.) 

40. What is the character of Part III of the arrangement of the Decla¬ 
ration? (19.) 

41. What fear is apparent ? (19.) 

42. What important declaration soon followed, and how soon? (19.) 

CHAPTER II. 

ANALYSIS OF THE DECLARATION OF INDEPENDENCE. 

1. How many members in the analysis of the preamble? (1.) 

2. What is said of the fact of separation from Great Britain? (1.) 

3. What purpose was said to be had in view, in separation? (1.) 

4. Under such circumstances, what does “ a decent respect for the opin¬ 
ions of mankind ” require ? (1.) 

5. IIow many general reasons are given for the separation ? (2.) 

6. What kind of rights had been violated, and how often ? (2.) 

7. What had been the effect of protests ? (2.) 

8. Submission would result in what ? (2.) 

9. What was the object of the King of Great Britain? (2.) 

10. By what was the necessity of separation demonstrated ? (2.) 

11. What are self-evident truths? 

12. Are the views presented under this head, in the Declaration, dogmat¬ 
ically asserted to be self-evident truths ? 


REVIEW QUESTIONS. 


379 


13. What parties involved would be likely to entertain a different opin¬ 
ion? 

14. What is the meaning of the statement, “ all men are created 
equal”? (3.) 

15. Natural rights are of how many kinds ? (3.) 

16. Those that may be abridged for the general welfare are denomi¬ 
nated what ? (3.) 

17. Does the Declaration of Independence assert the existence of more 
than one class or kind of rights? (3, and note.) 

18. What expression in the Declaration justifies the belief that the colo¬ 
nists recognized and had in mind two classes of rights ? (Note.) 

19. To what class of rights do life, liberty , and the pursuit of happiness 
belong? (3.) 

20. Is it assumed that these are all the rights referable to this class ? 

21. What formula is used in the Declaration of Rights? (3.) 

22. It is the purpose of government, primarily, to secure which class of 

rights ? (3. Sec also Chapters II and III, Part I.) 

23. When are the powers of government just in their operation? (3.) 

24. What is the foundation principle of our government ? (3, foot-note 
to subdivision 6.) 

25. What right follows the abandonment by government of its legiti¬ 
mate powers ? (3.) 

26. What duty does threatened despotism impose ? (3.) 

27. What tw r o principles are stated ? (4.) 

28. The “facts submitted to a candid world” are intended to prove 

w r hat, as to king and parliament ? (5.) 

29. As to the character of George III ? (5.) 

30. As to the reasons for separation ? (5.) 

31. As to the Declaration of Independence ? (5.) 

32. The colonists declared what as to their attitude, or bearing ? (6.) 

33. As to the course pursued under the circumstances ? (6.) 

34. As to the results of that course ? (6.) 

35. In what three ways did they approach their British brethren on the 
subject? (6.) 

36. What did they discover as to the temper of king and parliament ? 

( 6 .) 

37. As to the disposition of their brethren? (6.) 

38. And as a result, and last resort, what most important declaration 

did they make ? (6.) 

39. Were the consequences of this step foreseen ? (7.) 

40. What alternative was presented ? (7.) 


380 


PROGRESS OF THE UNITED STATES. 


41. What feature of the declaration proves that they fully appreciated 

the gravity of the course determined upon, and anticipated the probable 
consequences ? (8.) 

42. Give the substance of the pledge. (8.) 

43. What is said, in comparison, of the statements of rights violated, 
as found in the Declaration of Rights and the Declaration of Independence ? 
(9.) 

44. What promise is fulfilled in the difference ? (9.) 

CHAPTERS III AND IV. 

ANALYSIS OF THE ARTICLES OF CONFEDERATION, AND OF THE CONSTITUTION OF 

THE UNITED STATES. 

1. What knowledge of the Federal government is necessary to a correct 
understanding of State systems? (1.) 

2. What political influences combine to produce national greatness? (1.) 

3. Does a State’s development and prosperity owe anything to national 
influences? (1.) 

4. How much political knowledge is necessary to enable a citizen to dis¬ 
charge intelligently and well his duties to the State ? (2.) 

5. Is any further knowledge useful ? (2.) 

6. What contrasts are made by this analysis ? (3.) 

7. What kind of ideas underlie the Union as contrasted with those 

underlying the Confederation ? (4.) 

8. What was the Confederacy ? (5.) 

9. What constituted the Articles of Confederation? (6.) 

10. Was there in them any suggestion of power over a State ? (6.) 

11. Was there any recognition of obligation between the States? (6.) 
What sort of an obligation ? 

12. The second article alludes to “powers delegated to the United 
States ”; does this mean powers of the general government over the States ? 

(V.) 

13. What was required in every case in which Congress desired to wield 
any power, even against foreign and common foes, for the general welfare ? 

( 7 .) 

14. What was the relation of the States in the Confederation ? (8.) 

15. Where do we first find organized government ? (9.) 

16. What power has Congress in this government ? (9.) 

17. What is said of Congress, as a body, under the Confederation? 

( 10 .) 

18. What of departments of government ? (10.) 


REVIEW QUESTIONS. 


381 


19. Of national officers ? (10.) 

20. Of government? (10.) In what sense is the word “government” 
here used ? 

21. How many things are enumerated as not falling within the power of 
Congress until after the consent of the States had been sought? (11.) 
Name as many as you can recall. 

22. It was necessary to obtain the consent of how many of them before 

any of the powers could be exercised ? (11.) 

23. After consent, had Congress any means of enforcing compliance ? 

(ii.) 

24. Was there a fixed ratio of representation in Congress, or any rule 

upon the subject ? (12.) 

25. How were the delegates chosen ? (12.) 

26. For how long? (12.) 

27. Was there any limit as to the number of terms a man might serve 
as delegate? (12.) 

28. How were they paid ? (12.) 

29. What is said of the method of voting in Congress? (12.) 

30. What is said of the recall of delegates ? (12.) 

31. What offices were delegates forbidden to hold ? (12.) 

32. What four powers of the States under the Confederacy are enumer¬ 
ated? (13.) 

33. What limitation was placed on the power of a State to “ lay im¬ 
posts or duties ” ? (Sixth article of the Agreement.) 

34. What power did Congress have over the question of adjournment ? 
(14.) 

35. What was “ the Committee of the States ” ? (15.) 

36. What was the greatest peculiarity of the Confederation ? (16.) 

37. In what sense may this be regarded as a weakness? (16.) 

38. Under what circumstances would there have been no necessity for 
the exercise of control over the States? (17.) 

39. Was such a condition of things possible ? 

40. What was the opinion of the colonies on this question at the time 
of adopting the Articles ? 

41. Did it take long to discover the mistake? (18.) 

42. What sort of a change of views is apparent in the comparison be¬ 
tween Articles and Constitution ? (18.) 

43. How many branches in Congress under the organized government 

or Constitution ? (19.) Name them. 

44. Name the departments of government (19), and state what is meant 

by each designation. 


382 


PROGRESS OF THE UNITED STATES. 


45. Uow may a citizen become a national officer? (19.) 

46. Which method supplies the larger number of officers ? (Constitu¬ 
tion.) 

47. Generally, what was the most radical change from “ Confederation ” 
to “ Union ” ? (Constitution.) 

[The contrast being between that which has been designated “ the greatest 
peculiarity” and-?] 

48. How many of the powers herein enumerated as denied to Congress 

by the Articles are conferred upon it by the Constitution ? (20.) 

49. Name the third power (enumerated), and tell who exercises it. (20.) 

50. Who is commander-in-chief of the army and navy? (20.) 

51. How are members of Congress limited in numbers? (21.) 

52. How are they elected ? (21.) 

53. What is the length of term of service ? (21.) 

54. How often may they be successively elected ? (21.) 

55. How are their salaries paid ? (21.) 

56. How do they vote ? (21.) What exception is there ? (21.) 

57. How may a member of Congress be deprived of his seat? (21.) 

58. What offices may a Congressman not hold? (21.) 

59. What class of officers can not be members of Congress ? (21.) 

60. What powers (enumerated) are withheld from the States ? (22.) 

61. Are any powers withheld not mentioned in our analysis? (22 and 
Constitution.) 

62. Do the States, as such, pay anything into the national treasury for 

the support of the government ? (22.) 

63. From what source does the government derive its revenue ? (Con¬ 
stitution.) 

64. What two methods are there for the adjournment of Congress ? (23.) 

65. If Congress should exceed its constitutional powers, what redress is 
provided? (Constitution.) 

Note.— For the purpose of impressing as firmly as possible upon the mind 
of the student the extent of the difference between what, for convenience, w r as 
called “government” under the Confederation and that which is, literally, 
government under the Constitution, it is well to refer to the contrasted consti¬ 
tutional feature with each instance cited of powers or prohibitions under the 
Articles of Confederation, and vice versa. 



INDEX 


A 

Admission of Missouri, 110. 
Adjutant-General, 252-254, 256. 

Alabama ceded, 92. 

Alaska, area of, 93. 

“ Alliance,” purpose of, 79. 

Amendments to United States Constitu¬ 
tion, 125, 372. 

to State Constitutions, 129, 130. 
always added to end of Constitutions, 126. 
Analysis, of Chapters I-IV of Part I, 31. 
how the people govern, 64. 
of State Constitution, 193. 
of Declaration of Eights, 333. 
of Declaration of Independence, 843. 
of Articles of Confederation and Consti¬ 
tution of the United States, 354. 
Arbitrary power, weakened by increased 
intelligence, 30. 

Arbitration (mediation) defined, 78. 

Areas of original and present territory, 92. 
of the twelve States west of the Missis¬ 
sippi Kiver, 93. 

Aristocracy defined, 19. 

Arkansas, part of Louisiana Territory, 112. 
Articles of Confederation, 346. 

adoption and nature of, 103. 

Asylums, 312, 313. 

Attorney-General (see State Constitution), 
252, 255. 

Auditor—State (see State Constitution), 
252, 255, 256. 

Autocratic power follows ignorance and in¬ 
difference to government, 30. 

B 

“ Balance of power,” 79. 

Base-lines (see territorial divisions). 
Beginning of human governments, 29. 
Boundary-lines (see State Constitution and 
territorial divisions). 

C 

Canal across the Isthmus, 80. 

“ Caucus,” the, necessary, 73. 

Charter governments, 101. 
a connecting liuk, 102. 


Cities (see political corporations). 

Citizen defined, 20. 

Civil government, importance of the study 
of, 5. 

ignorance concerning, 5, 6. 
reasons for, 6. 
defined, 20, 32. 

necessity for government, 21, 25. 

Civil power supreme, 20. 

Coal-oil inspectors, 252, 257. 

Colonial governments, 99,100. 

Commissions, established by governments 
for what, 77. 

Commissioner of the permanent seat of the 
government, 252, 257. 

Commonwealth defined, 44. 

“ Communism ” encouraged, 9. 
defined, 19. 
loathsome, 23. 
effects of; 24. 

Conflicts between the English and French, 
98. 

Confederacy, weakness of the, 103,104. 
Congressional districts (see State Constitu¬ 
tion and map, p. 270), 271. 

Townships (see territorial divisions and 
map, p. 261). 

Constitutions, how established and amend¬ 
ed, 63. 

not easily changed, causes of changes, 125. 
frequent changes indicate weakness, 125. 
Constitution, State, 131,193. 

United States, 360. 

Correction lines (see territorial divisions). 
Corporations (see State Constitution), 123, 
265, 272. 

Counties (see political corporations and 
State Constitutions), 305. 

County officers (see State Constitution), 251. 

D 

Declaration of Rights, 329. 

of Independence, 339. 

Democracy, a, defined, 19. 

Discovery and settlement of America, 94. 

“ right of,” 96. 

Domestic imports and exports, values com¬ 
pared, 93. 




384 


INDEX. 


E 

Education, advantages of—governmenta 
necessity, 5. 

destructive of despotic rule, 81. 

(See State Constitution.) 

Election districts (see political divisions), 
314. 

precincts, 314. 

Electoral districts, 314. 

Eleemosynary institutions, 312, 313. 
Explorations, 1)5. 

Explorers, claims of, 96. 

Exports, comparison of values (1789-1799 
and 1875), 93. 

F 

Facts taught by history and tradition, 30,31. 
Family government, first form of, 29. 

Fish commissioners, 252, 257. 

Florida, purchased, 92. 

Freedom of speech and press, 37,133. 
Fund commissioners, 255. 

G 

Government, defined—different kinds of, 
17-19. 

not a social convenience—a necessity, 22, 
23. 

why sustained, 22, 27, 28. 
approved by the Creator, 29. 
first, second, and third forms of, 29. 
causes of different forms—limited pow¬ 
ers of, 33. 

fails of its purpose—not an evil, 66, 67. 
a business corporation—an estate, 68. 
different forms of, in the colonies, 160,101. 
government over States, 107. 
republican form guaranteed, 109. 
of Missouri, republican in form, 121. 
authority of the State supreme, when, 121. 
State government defined, 122. 

Governor (see State Constitution), 252,254- 
256. 

H 

Habeas corpus (see State Constitution) de¬ 
fined, 226. 

History of early periods defective, 29. 
reliable secular, begins — valuable facts 
taught by, 30. 

furnishes reasons .for the existence of 
government, 74. 

of the United States and State of Mis¬ 
souri, 89. 

I 

Illinois ceded, 92. 

Imports, comparison of values (17S9-1799 
and 1875), 93. 

Independence, Declaration of, 339. 

Indiana ceded, 92. 

Indians, treatment of, 97. 

Individual sacrifices inevitable, 33. 
Institution for the education of the blind, 
312, 813. 

of deaf and dumb, 312,813. 

Internal revenue, 122. 

International law, 75. 


J 

Judicial circuits (see State Constitution 
and map, p. 268), 269. 

Department (see State Constitution), 219. 
Judges of Supreme Court (see State Con¬ 
stitution), 252. 

K 

Kentucky formed from Virginia, 92. 

L 

Law defined — natural (unwritten), and 
written, 50-52. 

organic and statutory—ordinances, 54. 
necessity for—nature of, 25, 52, 53, 55. 
mob law unjustifiable, a crime, 59. 
works hardships—is imperfect, 56. 
remedy for defects of, 59. 
of the State operates on every citizen, 
122 . 

organic less liable to change than statute, 
125. 

statute law is frequently changed, 127. 
Legislature, controlled, 61, 62. 
Lieutenant-Governor (see State Constitu¬ 
tion). 252. 

Life depends upon government, 26. 

Limited powers of government, 33. 
Louisiana Territory, purchase of, 112. 

States erected out of. 112. 
the State of, admitted, 112. 

“Lots” (see territorial divisions), 263. 
Lunatic asylums, 312, 313. 

M 

Maine formed, 92. 

Maps, 261, 26S-270. 

Mediation (arbitration) defined, 78. 

Men being governed in all ages, proves the 
necessity for government, 30. 

Method of administering popular govern¬ 
ment, 60. 

Michigan ceded, 92. 

Military establishments necessary, 20, 21. 
Military government, use of, 20. 

Military power, subordinate—dangerous- 
use of. 20, 21. 

Miscellany, 311. 

Mississippi ceded, 92. 

Missouri, admission of, into the Union, 110, 
114. 

“ Compromise,” 113. 
place and date of first settlement, 112. 
Monarchy defined—two kinds of, 18, 19. 

does not survive general intelligence, 81. 
“Monroe doctrine” explained. 80. 
Municipal corporations (see political cor¬ 
porations). 

officers (see State Constitution). 251. 
townships (see political divisions and 
map, p. 261). 

N 

National jurisdiction on the seas, 75. 
government, seldom operates directly 
upon the citizen, 7.121. 




INDEX. 


385 


National government, supreme within its 
sphere, 105, 106. 
powers limited, 106. 

Neutrality defined, 76. 

Normal schools, 312, 313. 

Northwest Territory, what constituted the, 
92. 

O 

Objects of government, individual and gen¬ 
eral welfare, 33. 

Officers indispensable, 33. 
controlled how, 65. 

Official responsibility, 65. 

Ohio ceded, 92. 

“Ordinances” defined, 54, 

Original States, names, area, and popula¬ 
tion, 91, 92. 
settled by whom, 97. 

Organic law defined, 54, 
not often changed, 125. 
contrasted with statute law, 128. 

P 

Part 1,15. 

II, 89. 

III, 119. 

IY, 326. 

Patriarchal, the second form of govern¬ 
ment, 29. 

“ Peace Congress,” objects of, 79. 

Penalties and punishments,furnish evidence 
of the necessity for government, 27. 

Physician to the Penitentiary, 252. 

Plan of this book, 8. 

“Platte purchase,” when added — what 
constitutes, 112. 

Political corporations, school districts, vil¬ 
lages, towns, cities, counties (see 
corporations), 265, 272. 

Political divisions, school districts, villages, 
towns, cities, counties, municipal 
townships, representative districts, 
senatorial districts, judicial circuits, 
and congressional districts, 264. 

Political parties, prejudice against, un¬ 
founded. 72. 

the “ caucus ” and party discipline proper, 
73. 

Powers of government limited, 33. 

Priesthood, establishment of a, followed by 
despotic rule, 29. 

Principal meridians (see territorial divis- 
ions). 

Private corporations (see corporations). 

Progress of one hundred years, 91. 

Property, possession of, necessary—secured 
by government, 25, 27. 

“ Protectorate ” defined, 78. 

Provincial (royal) governments, 101. 

Provisions of the national Constitution af¬ 
fecting the erection and government 
of States, 107, 108. 

Purchase of Florida, 92. 

Purchase of Louisiana Territory, 112. 

Public corporations (see political corpora¬ 
tions). 

17 


R 

Railroad Commissioners, 252, 253, 256. 

Range lines (see territorial divisions). 

Register of lands, 252, 253, 255, 256. 

Relations sustained between different gov¬ 
ernments, international law, 74, 75. 

Representative districts (see State Constitu¬ 
tion), 267. 

Republic, a, 41. 
defined, 18, 44. 

Republican form of government guaran¬ 
teed, 109. 

Revenue, power of Congress over, 122. 

Review questions, Part I, 45, 81. 

Part II, 114. 

Part III, 238, 315. 

Part IV, 377. 

Revolutionary War, 103. 

Rights, Declaration of, 329. 

“ Right of discovery,” explained, 96. 

Right of revolution, 99. 

Royal governments (provincial), 101. 

Rulers, differently named, 18, 
in a republic are the people, 5, 60. 

S 

School districts (see political corporations), 
278. 

Secretary of State (see State Constitution), 
252, 255. 

Sections (see territorial divisions and map, 

p. 261). 

Senatorial districts (see State Constitution 
and map, p. 269), 267. 

Settlements (and discoveries), first perma¬ 
nent—of the English, 94, 96, 97. 

Social nature not alone sufficient to main¬ 
tain government, 27, 

Society a necessity, 25. 

Standard lines (see territorial divisions). 

“ State ” defined, 44. 
sometimes means government, 75. 

State responsible for proper training of the 
citizen; natural order of study, first 
the State, afterward the general gov¬ 
ernment, 7, 

State government most directly affects the 
citizen, 7. 
defined, 18,122. 
republican in form, 121. 
its authority supreme, when, 121. 

States, original, 92. 
settled by whom, 97. 
present number of, 91. 

State Constitution, 131. 
analysis, 193. 

A, Adjutant-General (see militia). 

adjournment of either House of the 
Legislature, effect of, 143. 
amendment of the Constitution, 1S7. 
apportionment, 136. 
appropriations, order of, 147; must pre¬ 
cede disbursements, 177. 
arrest of legislators prohibited, when 
(see miscellaneous provisions). 
Attorney-General—Auditor (see execu¬ 
tive department). 








386 


INDEX. 


b, bail shall be taken, when; excessive 

bail shall not be required, 135. 
banks, 184. 

benevolent, religious, scientific, and ed¬ 
ucational organizations exempt from 
incorporation tax, 177. 

Bill of Bights, 131. 

bills may originate where, course of, 
mode of amending, vote on passage, 
time of taking effect, how signed, 
143-145. 

bonded debt, tax to pay, 176. 
boundaries, 131. 

business of corporations (see corpora¬ 
tions). 

c, church and state can not be associated, 

182, 179. 

classification of cities, 167. 
colored schools (see education), 
commander-in-chief (see militia), 
constitutional amendment, 187. 
corporations, 180; defined, 181. 
counties, cities, and towns, organization 
of; required area, location, and re¬ 
moval of county-seat, etc., 165,166, 
169. 

courts open to all, 183. 
courts, the several, 156,163,189. 
credit of the State must not be loaned, 
148. 

criminal prosecutions must be by in¬ 
dictment, 183. 

», deposit of State money, 176. 
deprivation of life or liberty without 
legal process forbidden, 136. 
distribution of powers, 136. 
dwelling (see miscellaneous provis¬ 
ions). 

e, education, educational organizations. 

177; separate schools for colored per¬ 
sons, supervision of instruction, sup¬ 
port of State University, public- 
school fund, 178; one fourth of the 
revenue appropriated; county school 
funds, lending county school fund, 
religious co-operation forbidden, 179. 
eminent domain (see corporations), 
elections shall be free and open, 133; 
when held, qualification of voters, by 
ballot, when viva voce , registration, 
residence, who may not vote, con¬ 
tested elections, election of county 
officers, 164,165, 168. 
executive department, who compose, 
qualifications, tenure of office, duties, 
compensation, 151-156. 
ex post facto laws prohibited, 184. 
extra compensation for services under 
a contract forbidden, 148. 

f, freedom of speech and press guaran¬ 

teed, 138. 

G, General Assembly meets when, 142; 
shall not grant aid, nor authorize 
counties, cities, or towns to grant aid 
to individuals, associations, or cor¬ 
porations ; shall not grant nor au¬ 
thorize increased compensation un¬ 
der contracts, 148; shall not sub¬ 


scribe for stock in corporations; shall 
not release liens, claims, or debts; 
shall not pay the “ war debt ” until 
paid by the general government, 149; 
shall not pass certain local laws, 149, 
150; shall not remove the capital, 
151 ; shall consider, in special ses¬ 
sion, only the subjects embraced in 
the Governor’s proclamation, 151. 
gift enterprises shall not be authorized 
(see miscellaneous provisions). 
Governor (see executive department, 
militia, miscellaneous provisions, and 
revenue and taxation). 

r, impeachment, who liable to; how tried; 
effect of conviction under, 163. 
imprisonment for debt prohibited, 136. 
involuntary servitude, except in punish¬ 
ment of crime, prohibited, 136. 
incorporation tax, 177. 

j, journals of each House must be pub¬ 
lished, 146. 

judicial department, what constitutes 
the, qualifications, compensation, and 
tenure of office of judges; jurisdic¬ 
tion of courts; where held, etc. (see 
courts), 156-163. 

l, legislative department, 136; proceed¬ 

ings, 143. 

limitation of powers, 147. 
local laws, how passed, 151. 
lotteries (see miscellaneous provis¬ 
ions). 

Lieutenant-Governor (see executive de¬ 
partment). 

m, members of Legislature privileged from 

arrest (see miscellaneous provisions). 

. militia, 1S4. 

miscellaneous provisions, 185. 
moneys of State, how deposited, 176. 
paid out only on appropriations, 177. 
municipal officers (see counties, cities, 
and towns). 

o, officers, each House appoints its own, 

142; of counties, fees, limitation of 
fees, 168, 169. 

official oath and tenure, penalties, offi¬ 
cial conduct to be investigated by 
grand juries, officers’ pay not to be in¬ 
creased, appointment of (see mis¬ 
cellaneous provisions); military offi¬ 
cers, quartermaster-general (see mi¬ 
litia). 

p, peaceable assemblies protected, 136. 
personal attention to duties of office 

required, 134. 

police power of the State (see corpora¬ 
tions). 

police power vested where, 131. 
preamble, 131. 

preferred stock, how issued (see cor¬ 
porations). 

primary disposal of soil (see miscellane¬ 
ous provisions). 

private property protected from seizure 
for public or private use, 134. 
private property shall not be taken for 
debt of corporations, 176,181. 



INDEX. 


387 


profit out of public funds prohibited, 
176. 

prohibitions on legislation, 148-151. 
prosecutions for certain offenses pro¬ 
hibited (see miscellaneous provis¬ 
ions). 

public-school fund (see education), 
purpose of constitutional government, 
182. 


q, qualifications of Eepresentatives; of 
Senators, 137. 

quorum of either House, 142. 

E, railroads, 181. 

religious freedom guaranteed, 132. 

religious organizations exempt from 
incorporation tax (see incorporation 
tax). 

religion in schools (see education). 

representation, 136. 

representative districts, 137; alteration 
of representative districts, 139; elec¬ 
tion of representatives, 139. 

representatives not to hold certain of¬ 
fices, 140; not to remove residence 
out of district.: oath, compensation, 
141. 


revision of statutes, when required, 
i46. 

revenue and taxation, by whom levied 
and collected; subjects and objects of; 
exemptions, rates, and limitations on, 
173-177. 


right to bear arms for certain purposes 
guaranteed, 134. 

s, Secretary of State, State Treasurer, 
Superintendent of Public Schools (see 
executive department: also revenue, 
taxation, and education). 

Senators, number of, 137; election of, 
139; not to hold certain offices, 140; 
not to remove residence from the 
district, 140; oath of; compensation, 
141. 

senatorial districts, 137; alteration of, 
139. 

schools, tax for; public funds, etc. (see 
education). 

scientific organizations exempt from 
tax (see incorporation tax). 

slavery prohibited, 136. 

6peedy trial in criminal prosecutions 
guaranteed, 135. 

soil, primary disposal of, by the United 
States (see miscellaneous provisions). 

State Board of Equalization, 176. 

State subordination, 131. 

State funds, how deposited, 176. 

State officers (see executive depart¬ 
ment), 189. 

St. Louis, organization of city govern¬ 
ment, 170. 

stocks or bonds, how issued (see cor¬ 
porations). 

suffrage (see elections). 

T, taxation (see revenue, also corpora¬ 
tions). 

tax to pay bonded debt of State, 176; 
on corporations, 177. 


testimony against one’s self can not bo 
exacted, 135. 

township organization, 167. 

treason defined, 133. 

trial by jury guaranteed, 135. 

Treasurer of the State (see executive 
department, and revenue and taxa¬ 
tion). 

tr, unreasonable seizures and searches 
prohibited, 133. 

University (see education). 

v, vacancies in county offices, how filled, 

168. 

veto, vote necessary to overcome, 146. 
vote of stockholders (see corpora¬ 
tions). 

voters, qualifications (see elections), 
volunteers (see militia). 

w, writ of habeas corpus shall not be 

suspended, 135. 

State law, operates upon every citizen in a 
certain manner, 122. 

State officers, elective and appointive, du¬ 
ties of, 251, 252, 254. 

State Treasurer (see State Constitution), 
252, 255. 

Statutes defined, 54. 

how enacted, 122, 201. 

suffer frequent changes, 127. 

should be resisted when unconstitutional, 
124. 

Statute and organic law contrasted, 128. 

Suffrage, 66. 

Superintendent of the Insurance Depart¬ 
ment, 252, 256. 

Superintendent of Public Schools (see 
State Constitution), 252, 256. 

“ Supreme law of the land, - ’ 121, 372. 

T 

Taxation, different kinds of taxes, purposes 
and sources of, 37-39. 

Tennessee ceded, 92. 

Territory, acquirement of, by the general 
government, 91,92, 108. 

Territorial divisions of the State, 258. 

Tobacco Inspectors, 252, 257. 

Towns (see political corporations), 285. 

Township lines (see territorial divisions). 

Tradition, valuable facts taught by, 30. 

Treasurer, State (see State Constitution), 
252, 255. 

Treaties defined; different kinds of, method 
of making, 77, 78. 

Tribe leadership, third form of government, 
29. 

U 

Unconstitutional statutes should be re¬ 
sisted, 124. 

Union of the colonies, nature of, 103. 

Union, the present area and population of 
the, 92. 

in peril in 1820,114. 

United States, its source of authority, 94- 
99, 106. 

Constitution, 360. 






388 


INDEX. 


United States, authority supreme, 105,106. 
dominant on this continent, 80. 
officers (see United States Constitution), 
251 

University, State, 312, 313. 

Y 

Yerinont, claim to be an independent State 
in 1177 not recognized, 92. 

Villages (see political corporations), 285. 
Voters, qualifications (see elections). 


Voting, a duty, 68. 
injurious effects of failure to vote, 69. 
vote of illiteracy dangerous, 70. 
effect of education upon, 71. 
respectability or morality will not excuse 
for not voting, 73. 

W 

War claims, agent, 252, 257. 

Warden of the Penitentiary, 252, 256. 
Wisconsin ceded, 92. 


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THE PRINCIPLES OF THE LAW: An Examination of the Law 
of Personal Rights, to discover the Principles of the Law, as 
ascertained from the Practical Rules of the Law, and harmo¬ 
nized with the Nature of Social Relations. By A. J. Willard. 
8vo, cloth. Price, $2 50. 

TIIE ELEMENTS OF ECONOMICS. By Henry Dunning Macleod, 
M. A., of Trinity College, Cambridge, and the Inner Temple, barrister-at- 
law selected by the Royal Commissioners for the digest of the law to pre¬ 
pare the digest of the law of bills of exchange, bank notes, etc. Lecturer 
on Political Economy in the University of Cambridge. In two volumes. 
Volume I now ready. 12mo, cloth. Price, $1.75. 

“ Mr. Macleod's w T orks on economic science have one great merit, they belong 
to the class of books that assist inquiry by setting their readers thinking. The 
views they set forth are not only often valuable in themselves, but they are the 
generative cause of ideas which may also be valuable in their readers. His 
books, moreover, are written in the proper way. The subject is divided care¬ 
fully in accordance with the opinions held by the author; all classifications when 
made are adhered to, and the descriptions and definitions adopted are admirable 
rom his point of view, aud in some cases from a wider stand-point.”— The Statist. 

TWO YEARS IN OREGON. By Wallis Nash, author of “ Oregon, There 
and Back in 1877.” With Illustrations. 12mo, cloth. Price, $1.50. 

“While I have striven to •write what is really a guide-book to Oregon for the 
intending emigrant, others may be interested in the picture of a young com¬ 
munity shaping the details of their common life, and claiming and taking pos¬ 
session of a heritage in the wilderness. No one can go farther West than we 
have done; it is fair, then, to suppose that the purposes of the Western move¬ 
ment will be seen here in their fullest operation.”— From Preface. 

THE FARMER’S ANNUAL HAND-BOOK FOR 38S2. Prepared by 
H. P. Armsby, Ph. D., Professor of Agricultural Chemistry in the Storrs 
Agricultural School; and E. H. Jenkins, Ph. D., Chemist to the Connecti¬ 
cut Agricultural-Experiment Station. 16mo, cloth. Price, 50 cents. 

THE ORIGIN OF CIVILIZATION AND THE PRIMITIVE CON¬ 
DITION OF MAN, Mental and Social Condition of Savages. 

By Sir John Lubbock, Bart., F. R. S., President of the British Association. 
With Illustrations. Fourth edition, with numerous Additions. 8vo, cloth. 
Price, $5.00. 


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